The Review · Case Index

California employment case index

Search every indexed California wrongful-termination and employment decision, or browse by subject area, statute, and decade — each summary source-verified against the published reporter.

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7 cases

Gonzalez v. Downtown LA Motors, LP

March 6, 2013
Piece-rate employees are entitled to separate hourly compensation for time spent waiting for repair work or performing other nonrepair tasks directed by the employer during their work shifts; piece-rate earnings cannot be averaged across that nonproductive time to satisfy the minimum-wage obligation (215 Cal.App.4th…

Pineda v. Bank of America, N.A.

November 18, 2010
Section 203(b) contains a single, three-year limitations period governing all actions for section 203 penalties, regardless of whether the penalty claim is accompanied by a claim for unpaid final wages; and the penalties may be recovered even though the underlying wages were eventually paid.

Green v. State of California

August 23, 2007
The employee bears the burden of proving he or she is a qualified individual under the FEHA — that is, able to perform the essential duties of the position with or without reasonable accommodation — just as the federal ADA requires; it is not the employer’s burden to disprove qualification.

Smith v. Superior Court (L’Oreal)

July 10, 2006
“Discharge” under sections 201 and 203 includes not only firing but also releasing an employee upon completion of the particular job assignment or time duration for which he or she was hired; final wages are then immediately due, and a willful failure to pay triggers waiting-time penalties.

Armenta v. Osmose, Inc.

December 29, 2005
California does not permit wage averaging: the minimum-wage standard applies to each hour worked, and an employer must pay at least the minimum wage for every compensable hour; it cannot use higher pay for some hours to offset unpaid or sub-minimum hours.

Colmenares v. Braemar Country Club, Inc.

February 20, 2003
The FEHA requires only that a physiological disease or condition affecting a body system “limit” — not “substantially limit” — the plaintiff’s ability to participate in a major life activity, a standard broader than the federal ADA; the later Poppink Act merely clarified, and did not change, that existing “limits”…

Cucuzza v. City of Santa Clara — The Continuing-Violation Doctrine Ends at Permanence

December 23, 2002
The Sixth District affirmed summary judgment for the City, holding that a five-year pattern of stripping a female employee's coveted technical duties was "a collection of isolated employment decisions" that had acquired permanence by 1996 under Richards v. CH2M Hill — and that a biased supervisor's sexist remarks could not show pretext where he neither knew of her candidacy nor took part in the challenged hiring.