California employment case index

Lauren Brown filed the fifth of five overlapping PAGA actions against the same restaurant operator. While her case sat stayed, the employer settled globally with an earlier plaintiff, and the trial court then granted judgment on the pleadings. Division Eight affirmed. The only contested question it reached was whether the settling plaintiff's failure to wait the full 65 days after her amended agency notice destroyed the settlement's preclusive effect – and the court held it did not, because nothing extends the waiting period to amended notices and the agency itself had accepted the settlement. Brown also lacked standing for violations postdating her 2018 separation.

Reversing summary judgment for the UC Regents, the Second District mapped the post-Lawson landscape — Labor Code § 1102.6 governs § 1102.5 claims, Government Code § 8547.10(e) supplies the same framework for University of California whistleblowers, and McDonnell Douglas still governs Health and Safety Code § 1278.5 claims, under which Scheer's clause-by-clause dismantling of his termination letter raised a triable issue of pretext.

Stoneledge paid furniture sales associates on commission with a guaranteed $12.01 hourly draw that was deducted from later commissions. The Court of Appeal reversed summary judgment for the employer, holding that Wage Order No. 7 requires separate compensation for rest periods and applies equally to commissioned employees, piece-rate employees, or any other system that does not pay for rest breaks. The draws were not compensation at all – at best, interest-free loans.

A worker fired nine months into his vacation year was denied every day of accrued vacation pay because his employer's policy made eligibility turn on still being employed on his anniversary date – a rule it had applied to roughly 300 departing employees. A unanimous Supreme Court held the policy could not defeat the right. Vacation pay is not a gratuity but deferred wages earned by the year's labor, so a proportionate right to it vests as the work is performed, exactly as pension rights vest on acceptance of employment. An anniversary requirement is at most a condition subsequent, and Labor Code section 227.3 forbids an employer policy from turning that condition into a forfeiture of what has already been earned.