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Published Decisions

Supreme Court of the United States

  • Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) (employment discrimination claims of Catholic elementary school teachers were barred by the “ministerial exception”)

United States Court of Appeals

  • Windsor Redding Care Center, LLC v. NLRB, 944 F.3d 294 (D.C. Cir. 2019) (granting employer’s petition for review and denying National Labor Relations Board’s petition for enforcement because NLRB ignored crucial evidence in trial before an ALJ; the court of appeals set forth standards of review NLRB must follow if it overturns an ALJ decision)

  • Venetian Casino Resort LLC v. NLRB, 793 F.3d 85 (D.C. Cir. 2015) (employer’s request that police issue criminal citations to demonstrators and block them from employer-owned sidewalk because of alleged trespass was protected under First Amendment right “to petition the Government for a redress of grievances”)

  • Venetian Casino Resort LLC v. EEOC, 530 F.3d 925 (D.C. Cir. 2008) (EEOC must give advance notice to employer and follow other requirements of Freedom of Information Act before disclosing employer-submitted confidential information to third parties)

  • Venetian Casino Resort LLC v. EEOC, 409 F.3d 359 (D.C. Cir. 2005) (lawsuit challenging EEOC’s regulations on handling employer-submitted confidential information was “ripe” for judicial review)

United States District Court

  • Gutierrez v. Sea World LLC, 2014 U.S. Dist. Lexis 139793 (S.D. Cal. 2014) (granting employer’s motion to compel arbitration and stay court proceedings pending arbitration of employee’s claims)

  • Moore v. County of Los Angeles, 194 LRRM 2279 (C.D. Cal. 2012) (granting summary judgment for employer on First Amendment retaliation claim under 42 U.S.C. § 1983)

  • Eng v. County of Los Angeles, 737 F. Supp. 2d 1078 (C.D. Cal. 2010) (granting summary judgment for employer on First Amendment retaliation claim under 42 U.S.C. § 1983)

  • Ochiai v. Regents of University of Cal, 2009 U.S. Dist. Lexis 115912 (C.D. Cal. 2009) (granting judgment on the pleadings for employer and individual defendants on various causes of action)

  • Pieszak v. Glendale Adventist Medical Center, 112 F. Supp. 2d 970 (C.D. Cal. 2000) (granting summary judgment for employer and individual defendants on employee’s claims of sexual harassment, retaliation, wrongful termination, and other causes of action)

Supreme Court of California

  • Reeves v. Hanlon (2004) 33 Cal. 4th 1140 (affirms a judgment in our client’s favor on claims for intentional interference with contractual relations, misappropriation of trade secrets and sets standards for claims of tortious interference with at-will employment contracts)

  • Turner v. Anheuser-Busch (1994) 7 Cal. 4th 1238 (establishes the law in California on what is a constructive discharge)

Court of Appeal of California

  • Bruni v. The Edward Thomas Hospitality Company (2021) 2021 Cal. App. LEXIS 402* (affirming judgment on demurrer in favor of hotel because the Santa Monica City Ordinance granting recall rights to certain laid off employees in a specific geographic area of Santa Monica did not apply to plaintiff because he had not been employed at the hotel for six months or more at the time of his layoff)

  • Ferra v. Loews Hollywood Hotel (2019) 40 Cal. App. 5th 1239 (hotel’s policy and practice of automatically rounding employee time up or down to the nearest quarter hour complies with California law; review granted by Supreme Court of California on whether meal break payment should include all earnings or just the employee’s established hourly rate)

  • AHMC Healthcare, Inc. v. Superior Court (2018) 24 Cal. App. 5th 1014 (upholds employer time clock rounding policy)

  • Simers v. Los Angeles Times LLC (2018) 18 Cal. App. 5th 1248 (upholding trial court ruling granting a new trial on damages and dismissing plaintiff’s constructive discharge claim)

  • Cho v. Chang (2013) 219 Cal. App. 4th 521 (upholding trial court’s denial of anti-SLAPP motion to cross-complaint allegations of defamation and intentional infliction of emotional distress for plaintiff communicating to other employees allegedly false accusations of sexual harassment against manager)

  • O’Byrne v. Santa Monica-UCLA Med. Ctr. (2001) 94 Cal. App. 4th 797 (affirming summary judgment on physician’s claims for breach of contract and breach of fiduciary duty arising from his removal from emergency department call panel and denial of certain clinical privileges)

  • Motion Picture and Television Fund Hospital v. Superior Court (2001) 88 Cal. App. 4th 488 (plaintiff’s peremptory challenge to disqualify judge was untimely filed)

  • GAB Business Services v. Lindsey & Newsom Claim Services (2000) 83 Cal. App. 4th 409 (court reversed jury verdict against our client, a company that provides independent insurance adjusting services, on claims against a former corporate officer and a competitor company for breach of fiduciary duty and unfair competition)

  • Saret-Cook v. Gilbert, Kelly, Crowley & Jennett (1999) 74 Cal. App. 4th 1211 (upholds defense sexual harassment verdict, judgment on employer cross-complaint for emotional distress and $1 million attorneys’ fees award to employer improperly sued for sex harassment)

  • Bardin v. Lockheed Aeronautical Systems Company (1999) 70 Cal. App. 4th 494 (upholds right of employer to give accurate references to inquiring third party reference seekers)

  • Gosvener v. Coastal Corporation (1996) 51 Cal. App. 4th 805 (established standards for an employer’s reasonable accommodation of alcoholism under Labor Code Section 1025 and the Fair Employment and Housing Act)

  • Kirmse v. Hotel Nikko of San Francisco (1996) 51 Cal. App. 4th 311 (summary judgment upheld; at-will employment)

  • Davis v. Consolidated Freightways (1994) 29 Cal. App. 4th 354 (employer that adheres to progressive discipline policies or procedures does not defeat at-will employment policy; restricts recovery for employee republication of defamatory statements; and restricts when employees can sue for alleged unlawful polygraph examinations)

National Labor Relations Board

  • Interstate Management Co., LLC, 369 NLRB No. 84 (2020) (upholding employer policies and dismissing allegations that employer interrogated and threatened employees)

  • Venetian Casino Resort, LLC, 366 NLRB No. 14 (2018) (following remand from court of appeals, Board dismissed allegation that employer unlawfully requested police issue criminal citations to demonstrators and block them from possible trespass on employer-owned sidewalk)

  • Sheraton Universal Hotel, 350 NLRB 1114 (2007) (employer lawfully terminated a supervisor for refusing to remove a union pin from his lapel)

  • W San Diego, 348 NLRB 372 (2006) (employer established “special circumstances” to justify ban on union insignia where guests may be present and in the kitchen where it posed a risk of food contamination)

  • Sofitel San Francisco Bay, 343 NLRB 82 (2004) (overturned a narrow election victory for union as a result of union’s misleading campaign materials; union subsequently withdrew petition)

  • Holiday Inn City Center, 332 NLRB 1246 (2000) (petitioned-for unit of employees was inappropriate; union subsequently withdrew petition)

  • Service Employees Local 87 (Cresleigh Management), 324 NLRB 774 (1997) (union engaged in unlawful secondary boycott after employer established reserved entrance for contractor in dispute with union)

  • Refuse Compactor Service, Inc, 322 NLRB 738 (1996) (Board denied General Counsel’s motion for summary judgment on employer’s answer to compliance specification)

  • Anaheim Town & Country Inn, 282 NLRB 224 (1986) (employer lawfully refused to honor collective bargaining agreement signed by manager and lawfully discharged manager for allowing union to organize employees)

National Labor Relations Board General Counsel

  • Sands Casino Resort Bethlehem, 2012 NLRB GCM Lexis 6 (2012) (NLRB General Counsel dismissed unfair labor practice charge challenging employer’s improved benefits for non-union employees while withholding the improved benefits from newly-organized bargaining unit)

  • Century Plaza Hotel & Towers, 2005 NLRB GCM Lexis 38 (2005) (NLRB General Counsel dismissed unfair labor practice charges challenging several employers’ use of lockout and other aggressive bargaining tactics)

  • Hilton San Diego Mission Valley, 2000 NLRB GCM Lexis 64 (2000) (NLRB General Counsel dismissed unfair labor practice charge challenging employer’s handling of Social Security no-match letter)

Labor Arbitrators

  • Confidential Employer, 2018 BNA LA Supp. 4635848 (Dunn, 2018) (employer acted in compliance with collective bargaining agreement when it did not fill cafeteria attendant position)

  • Confidential Employer, 2013 BNA LA Supp. 148362 (O’Brien, 2013) (employer did not violate seniority, scheduling, overtime, or other requirements of collective bargaining agreement in scheduling housekeeping employees)

  • Gaylord National Harbor, 128 BNA LA 821 (Abrams, 2010) (awarding employer work assignments language proposals in an interest arbitration)

  • Hotel del Coronado, 10-2 ARB 5125 (Bordone, 2010) (employer had just cause to discharge employee who tested positive for alcohol while on duty)

  • La Costa Resort and Spa, 124 BNA LA 964 (Wormuth, 2007) (employer had the right to require restaurant servers to close their own guest checks, rather than rely upon a cashier, and did not have to increase servers’ wage rate)

  • Fedco, Inc., 1992 BNA LA Supp. 115260 (Christopher, 1992) (employer did not violate collective bargaining agreement by suspending and discharging employee for failing to ring up a transaction)