• Dean Royer

May 2019 employment law decisions

Free speech retaliation verdict affirmed.

May 31, 2019, Ninth Circuit Court of Appeals, Doug Grieisen v. Jon Hanken: Mr. Grieisen, chief of police, spoke about a matter of public concern as a private citizen when discussing his concerns with city council members and government officials about the city’s accounting and budgeting practices under the city manager. Mr. Hanken’s communications with the media about Mr. Grieisen were adverse employment actions.


Relief for increased tax liability not available in State Personnel Board actions.

May 17, 2019, Fourth District Court of Appeal, Patrick Barber v. California State Personnel Board: Addressing an issue of first impression, the court of appeal concluded that employees pursuing actions before the California State Personnel Board cannot recover for increased tax liability resulting from a lump sum back pay award.


Government claim must be timely presented before filing a whistleblower claim against a public agency.

May 14, 2019, Second District Court of Appeal, Aurora Le Mere v. Los Angeles Unified School District: Employee could not save her whistle-blower claim under Labor Code section 1102.5 by complying with the Government Claims Act after filing suit.


California’s new independent contractor test applies retroactively.

May 2, 2019, Ninth Circuit Court of Appeals, Gerrardo Vazquez v. Jan-Pro Franchising International, Inc.: The California Supreme Court’s decision that established a new “ABC” test for independent contractors for purposes of certain wage and hour claims (Dynamex Operations W. v. Superior Court (2018) 4 Cal.5th 903) applies retroactively.


#Damages #Whistleblower #Independentcontractors #GovernmentClaimsAct #Freespeech #StatePersonnelBoard

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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