Recent News & Info: Employment Law

Case Summaries

Civil Rights

[12/04] Cherkaoui v. City of Quincy Affirming the district court’s grant of summary judgment to the City of Quincy, sued by a former employee alleging discrimination, retaliation, and constructive discharge, because the record reflected that the employer’s actions related to repeated tardiness and absenteeism rather than discrimination. [11/21] Maldonado Catala v. Municipality of Naranjito Affirming the district court’s grant of summary judgment to the defendants in the case of a suit alleging violations of anti-discrimination laws and retaliation for complaints about sexual harassment because the claims were not viable and unsupported by evidence. [11/01] Zion v. County of Orange In a civil rights action, alleging that a police officer used excessive force when he shot the deceased Connor Zion nine times at close range while he was lying on the ground then stomped on his head three times, the district court’s grant of qualified immunity to defendants is reversed where a reasonable jury could conclude that the shots and head stomping were excessive force and acts serving no legitimate law enforcement purpose. [10/27] Saunders v. Town of Hull In a civil rights action brought by plaintiff police officer, alleging retaliation in failing to promote him after he reported $130,000 of missing police union funds and, as the union president, organized a union-wide vote of no confidence against the police chief, the district court’s summary judgment for defendants is affirmed as to the federal 42 U.S.C. section 1983 claims and most state claims. Read More

Labor & Employment Law

[12/08] Wang v. The Hearst Corporation Affirming the dismissal through summary judgment of claims filed by five participants in the Hearst Corporation’s internship programs under the Fair Labor Standards Act (FLSA), claiming minimum wage violations, because unpaid interns are not employees of Hearst for the purpose of the FLSA. [12/08] US v. Scott Affirming the district court’s dismissal of a case against the Federal Deposit Insurance Corporation by a former employee following their termination of his employment for lack of subject matter jurisdiction because the plaintiff was presenting a mixed claim for which the court lacked jurisdiction and a denial of transfer was proper in itself and on account of his waiver. [12/07] Brown v. Cinemark USA, Inc. Denying a motion to dismiss for lack of jurisdiction a class action complaint alleging wage and hour violations because, as in Microsoft Corp. v. Baker the plaintiffs had voluntarily settled some of their claims, but the mutual considerations in the instant case did not raise the same concerns as in Baker because the plaintiffs here continued to litigate their remaining claims. [12/06] Skillin v. Rady Children’s Hospital San Diego Affirming the grant of summary judgment to the defendant hospital in a suit brought by a former employee who complained of unauthorized retirement account contributions in a Private Attorneys General Act lawsuit for alleged violations of the California Labor Code because the claims were preempted by the Employee Retirement Income Security Act. Read More