• Dean Royer

April 2019 employment law decisions

Employee’s failure to promote claim revived.

April 29, 2019, Ninth Circuit Court of Appeals, David Weil v. Citizens Telecom Services Company, LLC: The trial court erred by dismissing a failure to promote claim after excluding a statement made by an employee of the defendant employer concerning the promotion decision despite being later moved to a different role.


Unpaid wages claim by security guards with collective bargaining agreement turns on interpretation of state law.

April 25, 2019, California Supreme Court, George Melendez v. San Francisco Baseball Associates LLC: Claim for unpaid wages by security guards at San Francisco Giants’ stadium does not require interpretation of a collective bargaining agreement so the lower courts may decide the case on the merits.


Employer complies with wage statement law by listing its fictitious business name and street address not including a mail stop code.

April 10, 2019, First District Court of Appeal, Vaiula Savea v. YRC, Inc.: The court of appeal affirmed the trial court’s dismissal (on demurrer) of the employee’s case that asserted the wage statement law required listing the employer’s name registered with the California Secretary of State and an address that included the mail stop code and the ZIP+4 code.


#Preemption #Wagestatements #Evidence #Wageandhour #Promotion

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July 2021 employment law decisions

Failure to promote harassment claim accrues when the employee knows or reasonably should know about the promotion decision. July 26, 2021, California Supreme Court, Pamela Pollock v. Tri-Modal Distrib

April and May 2021 employment law decisions

Overtime pay may be disclosed in wage statements as the premium rate (.5 of the standard) rather than the cumulative standard plus premium rate. May 28, 2021, Fourth District Court of Appeal, General

April 2021 employment law decisions

University of California is not subject to California’s minimum wage law. April 23, 2021, Fourth District Court of Appeal, Guivini Gomez v. The Regents of the University of California: Gomez sued her