• 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

Recent Posts

See All

Dismissal of sexual harassment claim reversed based on employer’s response to report of customer harassment. November 18, 2021, Ninth Circuit Court of Appeals, Vincent Fried v. Wynn Las Vegas, LLC: Th

A defendant that successfully compels arbitration of a FEHA claim may not recover its attorney’s fees unless the plaintiff’s opposition was frivolous, unreasonable, or groundless. October 18, 2021, Se

The Borello common law test applies to failure to reimburse expenses claims. September 30, 2021, Fifth District Court of Appeal, Veronica Becerra v. The McClatchy Company: Becerra filed a class action