17 Cited authorities

Oracle Corp. Sec. Lit. v. Oracle Corp.
627 F.3d 376 (9th Cir. 2010) Cited 2,609 times 1 Legal Analyses
Holding that an earnings miss, standing alone, is insufficient to establish loss causation; the market must have learned of and reacted to the company's fraudulent practices as opposed to the financial impact of those practices
Anderson v. Mt. Clemens Pottery Co.
328 U.S. 680 (1946) Cited 2,645 times 58 Legal Analyses
Holding that "the damage is. . . certain" where employee proved that he performed work that was not paid in accordance with the statutes, and that damages can then be awarded if there is a "basis for a reasonable inference as to the extent of the damages"
Brinker Rest. Corp. v. Superior Court of San Diego Cnty.
53 Cal.4th 1004 (Cal. 2012) Cited 827 times 83 Legal Analyses
Holding the employer is required to provide a meal period to employees, but "is not obligated to police meal breaks and ensure no work thereafter is performed"
Taylor v. Principal Financial Group, Inc.
93 F.3d 155 (5th Cir. 1996) Cited 550 times
Holding that "the employee's initial request for an accommodation . . . triggers the employer's obligation to participate in the interactive process of determining one"
Samper v. Providence St. Vincent Med. Ctr.
675 F.3d 1233 (9th Cir. 2012) Cited 278 times 12 Legal Analyses
Holding that to state a prima facie claim for failure to accommodate under the ADA, a plaintiff must show that " [he] is disabled within the meaning of the ADA; [he] is a qualified individual able to perform the essential functions of the job with reasonable accommodation; and [he] suffered an adverse employment action because of [his] disability."
Amaral v. Cintas Corp.
163 Cal.App.4th 1157 (Cal. Ct. App. 2008) Cited 302 times 2 Legal Analyses
Holding that employees working on public works projects had a private right of action under the California living wage ordinance
Hanson v. Lucky Stores, Inc.
74 Cal.App.4th 215 (Cal. Ct. App. 1999) Cited 382 times 3 Legal Analyses
Holding that "a finite leave of absence has been considered to be a reasonable accommodation under ADA, provided it is likely that following the leave the employee would be able to perform his or her duties"
Gelfo v. Lockhead Martin Corp.
140 Cal.App.4th 34 (Cal. Ct. App. 2006) Cited 296 times 1 Legal Analyses
Ruling that Kaplan's reasoning should not be applied to similarly limit California discrimination laws
Wills v. Superior Court
194 Cal.App.4th 312 (Cal. Ct. App. 2011) Cited 228 times 6 Legal Analyses
Holding "purpose of FEHA's administrative exhaustion requirement is to ensure DFEH is provided the opportunity to resolve disputes and eliminate unlawful business practices through conciliation"
Prilliman v. United Air Lines, Inc.
53 Cal.App.4th 935 (Cal. Ct. App. 1997) Cited 260 times
Concluding that the plaintiff presented triable issues of fact with respect to his negligence cause of action based on United Air Lines's failure to supervise employees and train employees about the plaintiff's rights under the FEHA
Section 201 - Short title
29 U.S.C. § 201 Cited 21,492 times 104 Legal Analyses
Setting fourteen as the minimum age for most non-agricultural work
Section 437c - [Effective Until 1/1/2025] Motion for summary judgment
Cal. Code Civ. Proc. § 437c Cited 8,422 times 8 Legal Analyses
Ruling on summary judgment motion must be based on "papers submitted" with the motion
Section 510 - Eight hour workday; compensation for overtime
Cal. Lab. Code § 510 Cited 1,662 times 29 Legal Analyses
Requiring employers to pay 1.5 times the "regular rate of pay" for overtime

Memorandum Points and Authorities

17 Cited authorities

Holding that an earnings miss, standing alone, is insufficient to establish loss causation; the market must have learned of and reacted to the company's fraudulent practices as opposed to the financial impact of those practices

Holding that "the damage is. . . certain" where employee proved that he performed work that was not paid in accordance with the statutes, and that damages can then be awarded if there is a "basis for a reasonable inference as to the extent of the damages"

Holding the employer is required to provide a meal period to employees, but "is not obligated to police meal breaks and ensure no work thereafter is performed"

Holding that "the employee's initial request for an accommodation . . . triggers the employer's obligation to participate in the interactive process of determining one"

Holding that employees working on public works projects had a private right of action under the California living wage ordinance

Holding that "a finite leave of absence has been considered to be a reasonable accommodation under ADA, provided it is likely that following the leave the employee would be able to perform his or her duties"

Ruling that Kaplan's reasoning should not be applied to similarly limit California discrimination laws

Holding "purpose of FEHA's administrative exhaustion requirement is to ensure DFEH is provided the opportunity to resolve disputes and eliminate unlawful business practices through conciliation"

Concluding that the plaintiff presented triable issues of fact with respect to his negligence cause of action based on United Air Lines's failure to supervise employees and train employees about the plaintiff's rights under the FEHA

Setting fourteen as the minimum age for most non-agricultural work

Ruling on summary judgment motion must be based on "papers submitted" with the motion

Requiring employers to pay 1.5 times the "regular rate of pay" for overtime