17 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,210 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,309 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  3. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,121 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  4. Porter v. Cal. Dept. of Corrs.

    419 F.3d 885 (9th Cir. 2004)   Cited 671 times   2 Legal Analyses
    Holding that discrete, tangible employment actions could not be considered when evaluating a hostile work environment claim and stating that "if the flames of an allegedly hostile environment are to rise to the level of an actionable claim, they must do so on the fuel of timely non-discrete acts"
  5. Johnson v. City of Loma Linda

    24 Cal.4th 61 (Cal. 2000)   Cited 590 times   1 Legal Analyses
    Holding that an administrative finding is binding on subsequent FEHA claims when an employee pursues administrative remedies, receives an adverse finding, and fails to have the finding set aside through a successful mandate action in superior court
  6. Romano v. Rockwell Internat., Inc.

    14 Cal.4th 479 (Cal. 1996)   Cited 579 times
    Holding that a FEHA action for discriminatory discharge does not commence until the actual discharge
  7. Gonzalez v. Downtown LA Motors, LP

    215 Cal.App.4th 36 (Cal. Ct. App. 2013)   Cited 65 times   13 Legal Analyses
    Holding that automotive service technicians paid under a piece-rate plan for repair work are also entitled to separate hourly compensation for non-productive time directed by the employer during their work shifts because California law does not allow an employer to average total compensation over total hours worked in a pay period
  8. Lusardi Construction Co. v. Aubry

    1 Cal.4th 976 (Cal. 1992)   Cited 118 times   3 Legal Analyses
    Holding that "[t]he acts of one public agency will bind another public agency only when there is . . . an identity of interests between the agencies"
  9. FEI Enterprises, Inc. v. Yoon

    194 Cal.App.4th 790 (Cal. Ct. App. 2011)   Cited 62 times   2 Legal Analyses
    Declining to consider request for sanctions raised in party's brief
  10. State v. Duncan

    162 Cal.App.4th 289 (Cal. Ct. App. 2008)   Cited 49 times   1 Legal Analyses
    Reviewing the DIR's role in wage determinations
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,736 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 1194.2 - Liquidated damages in action to recover wages

    Cal. Lab. Code § 1194.2   Cited 326 times   3 Legal Analyses
    Providing exception to a liquidated damages award where the court, in its discretion, finds that the "employer had reasonable grounds for believing that the act or omission was not a violation of any provision of the Labor Code relating to minimum wage"
  13. Section 203.5 - Bonding companies

    Cal. Lab. Code § 203.5   Cited 4 times

    (a) If a bonding company issuing a bond which secures the payment of wages for labor or the surety on a bond willfully fails to pay, without abatement or reduction, any verified claim made for wages found to be due and payable, the claim for wages shall continue as a penalty against the bonding company or surety from the date on which demand for payment was made at the same rate until paid as the wages upon which the claim is based, except that the claim shall not continue as a penalty for more than

  14. Section 13520 - Definition of "Willful."

    Cal. Code Regs. tit. 8 § 13520   Cited 120 times   2 Legal Analyses
    Providing that "a good faith dispute that any wages are due will preclude imposition of waiting time penalties under Section 203"