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Carrasco v. State Personnel Bd. (CA4/2 E072892 10/8/21) Probation Rejection/State Personnel Board 

| State Employment, State Personnel Board, Writ of Mandate (Mandamus) | No Comments
Plaintiff and appellant Jenaro Carrasco worked as a parole agent for real party in interest Department of Corrections and Rehabilitation (department) for five years.  He was then promoted to the…

Lim v. TForce Logistics (9th Cir. 20-55564 8/12/21) Arbitration/Unconscionability 

| Arbitration, Independent Contractor, Misclassification | No Comments
The panel affirmed the district court’s denial of defendants’ motion to compel arbitration of employment-related claims on the grounds that the delegation clause and arbitration provision in the plaintiff’s contract…

Jamie Zepeda Labor Contracting v. Department of Industrial etc. (CA4/1 D078062 8/12/21) DLSE Minimum Wage Citations/Farm Labor Contractors 

| Labor Code, Wages & Overtime Law | No Comments
California law requires that employers pay agricultural workers a minimum wage “on the established payday for the period involved.”  (Cal. Code. Regs., tit. 8, § 11140, subd. (4)(B).)  Labor Code section…

Zuniga v. Alexandria Care Center, LLC (CA2/7 B297023 8/12/21) PAGA/Expert Witness Testimony 

| Expert Witnesses, Private Attorneys General Act (PAGA), Wages & Overtime Law | No Comments
Rosalinda Zuniga appeals the judgment in favor of Alexandria Care Center, LLC, Skilled Healthcare, LLC and Skilled Healthcare Group, Inc. (collectively Alexandria Care) entered after a five-day bench trial of…

Natarajan v. Dignity Health (SC S259364 per curiam 8/12/21) Hospital Peer Review/Hearing Officer’s Financial Interest 

| Business and Professions Code, Peer Review | No Comments
Under California’s peer review statute, a hospital must afford a  physician a fair hearing before revoking the physician’s staff privileges.  (Bus. & Prof. Code, § 809 et seq.)  A panel of…

Nowicki v. Contra Costa County Employees’ Retirement etc. (CA1/2 A160337 8/10/21) Public Sector Retirement Benefits 

| Pension, Public Employees | No Comments
Plaintiff Peter J. Nowicki appeals from the trial court’s judgment in favor of defendant (CCCERA) following the denial of Nowicki’s fourth amended petition for writ of mandate (petition), filed pursuant…