California employment case index

A PAGA plaintiff proved Labor Code violations but recovered about one percent of the $56 million maximum he calculated, and his attorney fees were cut by a 0.70 negative multiplier. The Fourth District affirms: section 2699(e)(2) mandates no method for reducing penalties — per-employee is fine — and the trial court adequately justified the fee multiplier, leaving the “heightened scrutiny” question for the Supreme Court.

A former Academy Mortgage employee won a False Claims Act qui tam case after the government declined to intervene, and her counsel obtained a fee award enhanced by a 1.75 lodestar multiplier. The Ninth Circuit reverses the enhancement: above-lodestar multipliers are reserved for the “rare and exceptional” case, cannot rest on factors already in the lodestar, and require a reviewable methodology.

A nursing student said the faculty member running her hospital clinical rotation sexually harassed her and tanked her grade when she refused him. The Fourth District holds a student in a required clinical placement is an “unpaid intern” protected by FEHA, and reverses summary judgment on standing, Government-Claims-Act notice, and deliberate indifference.

A coworker’s off-site sexual advances were not work-related and not imputable to the employer — yet the Fifth District held the employee still stated a FEHA hostile-work-environment claim, because the employer’s refusal to act and its HR representative’s mocking response could independently alter the workplace in an objectively severe manner. A pleading-stage reversal that imports the Ninth Circuit’s totality-of-the-circumstances, employer-response framework (Fuller, Okonowsky) into California law.

A sheriff’s deputy proved every element of his whistleblower retaliation claim — and still left the courthouse owing costs. The jury found his protected disclosures were a factor in the County’s actions against him, but also that the County would have made the same decisions anyway. Division Four held that a plaintiff defeated by the section 1102.6 same-decision defense who obtains no relief has not brought a “successful action” under section 1102.5(j): no attorney’s fees, and the employer is the prevailing party for costs. The panel declined to extend Harris v. City of Santa Monica’s FEHA rule, agreed the contrary result would be “a rational policy choice,” and pointedly left the fix to the Legislature.

When a trial court takes an across-the-board percentage cut to a prevailing plaintiff’s lodestar, must it explain why that particular percentage — or is a general finding of overlitigation enough? Warren demanded case-specific explanation and Snoeck brought that rule into FEHA; Morris rejected it as imported federal law, and Cash v. County of Los Angeles — a 30 percent, $195,234 haircut affirmed over Justice Baker’s meat-cleaver dissent — squarely joined Morris. The Supreme Court granted review on August 20, 2025 (S291827). Until it rules, Cash is persuasive-only under rule 8.1115(e)(1), the published split remains live, and the smart fee motion is built to win under either standard — starting with a written request for specific findings.

An LAPD captain never witnessed officers passing around a fake nude photo of her and was never confronted to her face — yet the Second District affirmed a $4 million FEHA verdict, holding that her secondhand knowledge of the department-wide circulation, and the LAPD’s refusal to stop it, supplied substantial evidence of a severe or pervasive hostile work environment. A leading application of Government Code section 12923.

Reversing summary judgment for United Airlines, the Court of Appeal held that whether three male employees with comparable social-media accounts were "similarly situated" comparators was a question for the jury, applied the continuing violation doctrine and section 12923's low bar to the harassment claim, and found a two-week complaint-to-termination gap sufficient for retaliation causation.

The Ninth Circuit reversed summary judgment for the Bureau of Prisons, holding that a corrections lieutenant’s off-duty Instagram page targeting a prison psychologist — followed by more than a hundred coworkers — is part of the totality of the circumstances in a Title VII hostile-work-environment claim. There is no rule that only conduct inside the physical workplace counts, ‘especially in light of the ubiquity of social media,’ and the employer’s dismissive, ineffectual response can independently create a hostile environment.

Eight warehouse workers alleged their employer let staff blast “sexually graphic, violently misogynistic” music for nearly two years over almost daily complaints. The Ninth Circuit vacated a Rule 12(b)(6) dismissal, holding that pervasive sexist content can create a Title VII hostile work environment even if it targets no one and offends both sexes — and that an employer’s “equal opportunity harasser” status “provides no escape hatch for liability.”

A Rite Aid district manager sent a staff pharmacist lewd photos in a late-night, off-site text exchange that grew out of a friendship predating her employment. The Fifth District affirmed summary judgment for the employer, holding that FEHA strict liability for supervisor harassment attaches only when the supervisor acts “in the capacity of supervisor,” not where the conduct arises from a completely private relationship — and that the plaintiff, invited back after the harasser was fired, was not constructively discharged.