December 28, 2001

Ballard, Rosenberg, Golper & Savitt Wins Appeal

Our firm won a summary judgment, on behalf of a hospital client and that ruling was enforced in a very important staff privileges case. A California appeals court has ruled that the hospital properly notified a doctor of its by-laws and terminated his staff privileges for noncompliance with them. It further held that the by-laws did not give rise to contractual or fiduciary obligations. O'Byrne v. Santa Monica Hospital Medical Center

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Arbitration Agreement Bars Wrongful Termination Lawsuit

A California appeals court threw out a wrongful termination case because the employee had signed an agreement obligating him to arbitrate such disputes. Swiderski v. Milberg, Weiss, Bershad, Hynes & Lerach, LLP

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Low Performance Appraisal After Complaint Supports Jury Verdict for Retaliation

The Ninth Circuit U. S. Court of Appeals reinstated a $93,000 jury award to an employee who was laid off after the company changed the employee's performance appraisals when she complained about racial harassment.. Winarto v. Toshiba America Electronics Components, Inc.

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ERISA Does Not Preempt Mechanics' Lien for Unpaid Benefit Plan Contributions

A California appeals court allowed a suit for benefits against a general contractor by its subcontractors for unpaid benefit plan contributions. Consistent with a U. S. Supreme Court ruling which narrowed ERISA preemption, the court held that ERISA preempts a state law claim under certain circumstances not present here. R. Betancourt v. Storke Housing Investors

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Linda Miller Savitt Wins Another Defense Verdict

Name partner Linda Miller Savitt recently won yet another defense verdict (her third in the past 12 months) in a sex harassment case in San Diego. Linda convinced the jury that the behavior at issue, even if it might have occurred, was simply benign banter that did not amount to illegal sexual harassment. Pamela Munford v. Wal-Mart

Wage Hike Coming For Exempt Computer Professionals

Hourly-paid employees in the computer field currently can be exempt from overtime pay under California law, if they perform certain high-level duties and are paid at least $41 per hour. As of January 1, 2002, in order to be exempt from overtime, these employees must be paid at least $42.64 per hour. The increase was determined by the state Division of Labor Statistics and Research based on the California Consumer Price Index.

New Mandatory Employer Poster Required for 2002

California employers need to post a new version of the state's employment discrimination poster on January 1, 2002. The mandatory poster, "Harassment or Discrimination in Employment is Prohibited by Law"(DFEH-162), is changing to reflect California's new law limiting English-only policies.

In addition, Cal/OSHA's "Safety and Health Protection on the Job" poster
has been updated with new Cal/OSHA office addresses and telephone numbers.

Minimum Wage Increase

Effective January 1, 2002 the minium wage in California will increase from $6.25 to $6.75 per hour. This is the second incremental increase resulting from the Industrial Welfare Commission's action on October 23, 2000. Previously, the minimum wage was increased from $5.75 to $6.25, effective January 1, 2001. Employers are also cautioned that the increased minimum wage also increases the monthly salary that must be paid to any employee classified as "exempt" from minimum wage and maximum hours requirements, to $2,340.00 per month.