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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4 cases

Scheer v. Regents of the University of California — which framework governs which whistleblower statute after Lawson

March 28, 2022
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.

People v. Uber Technologies: Rideshare Drivers Are Likely Employees Under Prong B of the ABC Test

October 22, 2020
The Court of Appeal affirms a statewide preliminary injunction against Uber and Lyft, holding the People likely to prevail under prong B of the ABC test (Lab. Code, § 2775) — rideshare driving is within the usual course of the companies’ business — and rejecting the “technology platform” defense as a false dichotomy. (Predates Proposition 22; see Castellanos.)

California Federal Savings & Loan Assn. v. Guerra: Pregnancy-Leave Statute Upheld — the “Floor, Not a Ceiling”

January 13, 1987
When Lillian Garland returned from pregnancy disability leave to find her receptionist job filled, California’s guarantee of leave and reinstatement collided with her employer’s theory that Title VII forbade treating pregnancy “better” than other disabilities. The Supreme Court sided with California: the Pregnancy Discrimination Act is a floor beneath which pregnancy benefits may not drop, not a ceiling above which states may not rise — and employers can always comply with both laws by leveling benefits up. Guerra remains the constitutional foundation of the PDLL and of every California pregnancy protection built since.