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Bernstein & Friedland, P.C. – Los Angeles Employment Counsel – Legal Blog

A Resource for Los Angeles Area Employees and Employers Interested in Wrongful Termination, Discrimination, Harassment, Retaliation, and Unpaid Wage and Overtime News

United States Supreme Court Holds Pharmaceutical Sales Representatives Are Not Entitled to Overtime Pay

In Christopher v. SmithKline Beecham Corp., 132 S. Ct. 2156 (2012), the United States Supreme Court concluded that under the federal Fair Labor Standards Act (FLSA), the plaintiffs, pharmaceutical sales representatives (PSR) who spent much of their time meeting with physicians and encouraging them to prescribe the defendant’s pharmaceutical products to their patients, were not entitled to overtime pay. Under the FLSA, employers are not required

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June 25, 2012

Ninth Circuit Dismisses Nurse’s Disability Discrimination Claim, Finding That Where Regular Attendance is an Essential Function of the Job Position, Employee’s Disability-Induced Irregular Attendance was Fatal to Her Claim

In Samper v. Providence St. Vincent Med. Ctr., 675 F.3d 1233 (9th Cir. 2012), the Ninth Circuit stated: “This case tests the limits of an employer’s attendance policy.  Just how essential is showing up for work on a predictable basis?  In the case of a neo-natal intensive care nurse, we conclude that attendance really is essential.” In this case, the plaintiff worked for the defendant for eleven years

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May 1, 2012

California Supreme Court Issues Seminal Decision on Meal and Rest Breaks

After a long wait, the California Supreme Court finally issued its much-anticipated ruling in Brinker Restaurant Corp. v. Superior Ct., 53 Cal. 4th 1004 (2012), resolving several unanswered questions regarding employers’ obligations with respect to employee meal and rest breaks. First, the Supreme Court concluded that with respect to meal breaks, employers fulfill their obligations under the California Labor Code when they relieve their employees of

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April 20, 2012

Muslim Pakistani Employee’s Religious and National Origin Harassment Claims Allowed to Proceed to Trial

In Rehmani v. Superior Ct., 204 Cal. App. 4th 945 (2012), the California Court of Appeal overturned the trial court’s order granting summary adjudication to the plaintiff’s former employer, Ericsson, Inc., concluding that triable issues of fact existed as to the defendant’s liability for harassment.  Id. at 948. In this case, Ericsson fired the plaintiff after a human resources investigation concluded that he had sent two emails

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April 12, 2012

Stunning $167 Million Verdict to Plaintiff Alleging Sexual Harassment and Retaliation by Her Employer

A Sacramento jury in federal court has awarded more than $167 million to Ani Chopourian, who alleged that her former employer, Dignity Health (formerly known as Catholic Healthcare West), sexually harassed her and illegally retaliated against her for repeatedly complaining about patient and employee safety, abuse against women, and unsafe hospital conditions. In this case, the jury heard evidence that during the plaintiff’s employment with

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March 19, 2012

Court Finds Nonexclusive Insurance Agent May Be Classified as an Independent Contractor

In Arnold v. Mutual of Omaha Ins. Co., 202 Cal. App. 4th 580 (2011), the California Court of Appeal held that a nonexclusive insurance agent working for the defendant (as well as other insurance companies) was not entitled to expense reimbursements, unpaid wages, or related penalties because the company properly classified her as an independent contractor, thereby precluding her entitlement to these employee benefits. In this

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January 14, 2012

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