The California Supreme Court will deliver major rulings this summer.
PRACHASAISORADEJ v. RALPHS GROCERY will be heard on June 6. This case is critically important to all employers who provide employees with bonuses based on profitability. The Court is deciding if a bonus based on profits is illegal because it takes into account workers' compensation costs by necessity because such costs are included in profit calculations.
GENTRY v. S.C. (CIRCUIT CITY STORES) will be heard on June 5. This case examines whether class action waivers in employment agreements are enforceable. The court already has held in another case that class action waivers in consumer class actions are not. This case is different because of the value of the claims at issue, whcih are much higher than in the credit card fee case previously decided.
GREEN v. CALIFORNIA will be heard on May 31. This case addresses who the burden of proof in disability discrimination cases. Does the plaintiff have to prove that he or she could perform the essential functions of the job as part of the prima facie case? Or does the employer have to prove that the plaintiff could not do so as an affirmative defense?
The Court must issue an opinion within 90 days of oral argument. So, this summer will be full of opportunities for celebration or misery, depending on the opinions issued. And we will be there with blog postings, articles, and legal updates. But you knew that.
DGV