Author: Calvin House

Opinion Analysis: Kilby v. CVS Pharmacy, Inc.

Opinion Analysis: Kilby v. CVS Pharmacy, Inc.

In response to a request from the Ninth Circuit, the California Supreme Court provided definitive guidelines for interpretation of the “suitable seats” requirement of California’s wage orders. Although not as frequent a subject of litigation as overtime and misclassification, the provision is the subject of several pending class actions, which should benefit from the new decision. The “Suitable Seats” Requirement All but two of the seventeen California Industrial Welfare Commission wage orders contain the following requirement: “(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats. (B) When...

Opinion Analysis: Sanchez v. Valencia Holding Company, LLC

Opinion Analysis: Sanchez v. Valencia Holding Company, LLC

The California Supreme Court has continued its dialogue with the U.S. Supreme Court about arbitration agreements in a recent ruling that affirmed the use of California unconscionability law to determine the validity of arbitration agreements, but declined to invalidate the agreement before it. In the course of this years-long dialogue, the California Supreme Court has tended to apply principles of California law to invalidate arbitration provisions, while the U.S. Supreme Court has tended to invoke the Federal Arbitration Act (“FAA”) to uphold arbitration provisions. Prior Decisions Over thirty years ago, the U.S. Supreme Court overturned a ban on arbitration imposed...

Arbitrators may decide Pitchess motions

Arbitrators may decide Pitchess motions

A recent California Supreme Court decision raises questions about the extent to which nonjudicial officers should decide disclosure questions. In Riverside County Sheriff’s Department v. Stiglitz, the court ruled that an arbitrator deciding an appeal from disciplinary action against a peace officer could inspect confidential personnel records of other peace officers and determine whether they should be disclosed in the arbitration proceeding. The statutes in question establish a qualified privilege for peace officer personnel records and prescribe a procedure for determining whether they should be disclosed, commonly called Pitchess rights. Under the facts of Pitchess v. Superior Court, Peter Pitchess...

Opinion Analysis: Williams v. Chino Valley Independent Fire District

Opinion Analysis: Williams v. Chino Valley Independent Fire District

The California Supreme Court has overturned what many had thought was a well-settled rule, and determined that prevailing defendants in cases under the Fair Employment and Housing Act (“FEHA”) are not automatically entitled to their costs of suit. Now, defendants must satisfy the Christiansburg standard, established by the U.S. Supreme Court in Christiansburg Garment Co. v. EEOC, for recovery of attorney’s fees by prevailing defendants. That standard requires a showing that the action was objectively without foundation when brought, or that the plaintiff continued to litigate after it clearly became so. This has long been the accepted standard for an...