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Lyon Law
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The employer should make every reasonable effort to settle labor disputes outside of court before seeking an injunction under the Railway Labor Act to bar a strike.  Consistent with section 8 of the Norris-LaGuardia Act, there should be a record of attempted negotiations, mediations,  or voluntary arbitration before seeking such an injunction. Aircraft Serv. Int'l, Inc. v. Int'l Bhd. of Teamsters, No. 12-36026, 2015 WL 1020044 (9th Cir. Mar. 10, 2015)
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Attorneys, not plaintiffs, were entitled to the interest paid on attorneys’ fees, and the costs. Hernandez v. Siegel, 230 Cal. App. 4th 165, 178 Cal. Rptr. 3d 417 (2014), reh'g denied (Oct. 28, 2014), review denied (Dec. 17, 2014)
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Employment arbitration agreement’s provision it applied to “all” claims did not authorize arbitration of class action and did not shift authority from court to arbitrator to make the class arbitraility decision. Universal Prot. Serv., L.P. v. Superior Court of San Diego Cnty., 234 Cal. App. 4th 1128, 184 Cal. Rptr. 3d 382 (2015), as modified (Mar. 12, 2015)
 
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In determining wage and hour class action certification based on misclassification of employees as independent contractors, as to claims for violating Welfare Commission Wage orders, the Commission’s definition of employee should be used.  As to claims outside IWC wage orders, the common law definition of employee should be used.  Lee v. Dynamex, Inc., 166 Cal. App. 4th 1325 (2008).
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California meal and rest break laws apply to interstate trucking companies operating in California.  Godfrey v. Oakland Port Servs. Corp., 230 Cal. App. 4th 1267 (2014).
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Where an employer terminates an employee because the employer thinks the employee reported the employer’s unlawful conduct to a government agency, the employee may sue for wrongful termination, regardless of whether or not the employee actually made any such complaint to a government agency.  Diego v. Pilgrim United Church of Christ, 231 Cal. App. 4th 913 (2014)
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Where employer eventually fired employee for allegedly threatening co-workers in different time frames, and employee alleged disability discrimination and retaliation, doctor’s note asserting employee was not a safety threat did not raise a triable issue of false-pretext, nor did employer’s prior tolerance of prior threats.  Curley v. City of N. Las Vegas, 772 F.3d 629 (9th Cir. 2014).
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Defendant-party’s typed name at the end of his e-mail where he had agreed to settlement terms set forth in an e-mail from plaintiffs’ counsel was not an "electronic signature" within the meaning of California’s Uniform Electronic Transactions Act, or as a matter of contract, where plaintiff’s counsel failed to show contextual or express evidence that defendant intended to sign and thereby execute or adopt the email as an agreement.  Consequently, the email could not be used to enforce a settlement, i.e., under Code of Civil Procedure section 664.6. J.B.B. Inv. Partners, Ltd. v. Fair, 232 Cal. App. 4th 974 (2014).
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In Integrity Staffing Solutions, Inc. v. Busk the court ruled that employers were not required to pay their employees for time spent undergoing security screening before leaving the premises at the end of the day under the Fair Labor Standards Act.  Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014).
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