Employer Law-Published Labor and Employment Cases in December 2018

January 13, 2019 | Al Mohajerian

Fresno Superior Court v. PERB (CA5 F075363 12/14/18)
PERB Authority/Court Personnel Rules.
Upholding broad restrictions on employee clothing, ban on solicitation during working hours and ban on displaying images in areas visible to the public, but finding regulations prohibiting distribution of literature in working areas were ambiguous.
http://www.courts.ca.gov/opinions/documents/F075363.PDF

Gerard v. Orange Coast Mem. Med. Ctr. (SC S241655A 12/10/18)
Meal Periods/Health Care Employees.
IWC wage order permitting health care employees to waive second meal period for shifts greater than 12 hours does not violate the Labor Code.
http://www.courts.ca.gov/opinions/documents/S241655A.PDF

Moreno v. Visser Ranch, Inc. (CA5 F075822 12/20/18)
Respondeat Superior/Use of Company Vehicle.
Driver’s use of company truck for personal travel after work, where he was on call 24 hours a day and may have been required to use the truck at all times, can give rise to respondeat superior liability. http://www.courts.ca.gov/opinions/documents/F075822.PDF

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Filed Under: Labor & Employment