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Gregg v Uber Technologies, Inc. (CA2/4 B302925 3/24/23) PAGA | Arbitration 

| ABC Test, Arbitration, Misclassification, Private Attorneys General Act (PAGA) | No Comments
Johnathon Gregg sued Uber Technologies, Inc., and Rasier-CA, LLC (collectively, “Uber”), under the Private Attorneys General Act of 2004 (PAGA), Labor Code section 2698 et seq. He alleged Uber willfully…

Olsen v. State of California (9th Cir. 21-55757 3/17/23) ABC Test | AB 5 as Amended

| ABC Test, Constitutional Law, Independent Contractor | No Comments
The panel affirmed in part and reversed in part district court orders dismissing Plaintiffs’ Second Amended Complaint and denying Plaintiffs’ motion for a preliminary injunction, and remanded, in an action…

Lopez v. La Casa de Las Madres (CA1/3 A163133 partial pub. 3/16/23) Pregnancy Discrimination

| Pregnancy Discrimination | No Comments
Gabriela Lopez filed the underlying action for employment discrimination and wrongful termination against La Casa de Las Madres (La Casa).  La Casa is a non-profit organization that provides services to…

Forrest v. Spizzirri (9th Cir. 22-16051 3/16/23) Arbitration

| Arbitration | No Comments
The panel affirmed the district court’s order granting defendants’ motion to compel arbitration of all claims in an employment law action and dismissing the action without prejudice, rather than staying…

Atalla v. Rite Aid Corporation (CA5 F082794, filed 2/24/23, ord. pub. 3/14/23) Sexual Harassment | Offsite & Afterhours Texting between Former Friends

| Fair Employment and Housing Act (FEHA), Sex Harassment, Summary Judgment | No Comments
Plaintiff Hanin Atalla filed a sexual harassment, failure to prevent sexual harassment, wrongful constructive termination, discrimination, and retaliation action against her former employer, Rite Aid Corporation and Thrifty Payless, Inc.,…

Bassett Unified School Dist. v. Super. Ct. (CA2/5 B323528 3/14/23) Judicial Impartiality

| Wrongful Termination | No Comments
This writ proceeding involves a statutory challenge for cause filed against a trial court judge presiding over a wrongful termination lawsuit.  The parties are plaintiff Michael Ross and his former…