On May 1, we reported on the California Supreme Court’s opinion in Dynamex Operations West, Inc. v. Superior Court, in which the Supreme Court set forth the standard for determining if a worker may properly be classified as...more
Employers are increasingly turning to social networking sites to find additional information about candidates. In fact, recent articles suggest that an applicant’s failure to have a social media presence is viewed by many...more
The California Labor Commissioner recently issued a Frequently Asked Questions (FAQ) memo regarding breaks and lactation accommodation. The FAQ memo contains no new concepts, but emphasizes the following longstanding...more
A recent California Court of Appeal opinion reminds employers of the need to carefully monitor parallel workers’ compensation proceedings involving litigants who also have civil claims pending against the employer. Ly v....more
11/1/2017
/ Administrative Law Judge (ALJ) ,
Appeals ,
Collateral Estoppel ,
Corporate Counsel ,
Employer Liability Issues ,
FEHA ,
Good Faith ,
Motion for Summary Judgment ,
National Origin Discrimination ,
Race Discrimination ,
Res Judicata ,
Workers' Compensation Claim ,
Workers’ Compensation Appeals Board (WCAB)
$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award -
State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc).
Angela Aguilar who worked in a copper mine...more
1/14/2015
/ Bribery ,
Constructive Discharge ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Intentional Infliction of Emotional Distress ,
Mining ,
Promissory Notes ,
Punitive Damages ,
Rest and Meal Break ,
School Districts ,
Security Checks ,
Severance Pay ,
Sexual Harassment ,
Wage and Hour ,
Whistleblowers ,
Wrongful Termination
Franchisor Is Not Liable For Franchisee's Alleged Sexual Harassment Of Its Employee -
Patterson v. Domino's Pizza, LLC, 2014 WL 4236175 (Cal. S. Ct. 2014) -
Taylor Patterson was hired by Sui Juris (a franchisee...more
Male Employee's Sexual Harassment Claims Should Not Have Been Dismissed -
Lewis v. City of Benecia, 224 Cal. App. 4th 1519 (2014).
Brian Lewis, a heterosexual man, sued his former employer (the City of Benecia)...more
5/14/2014
/ Age Discrimination ,
Class Certification ,
Employee Rights ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
FICA Taxes ,
Fitness for Duty Exams ,
Hiring & Firing ,
Public Employees ,
Putative Class Actions ,
Sarbanes-Oxley ,
Severance Pay ,
Sexual Harassment
Employer Was Entitled To "Substantial Motivating Factor" Jury Instruction -
Alamo v. Practice Mgmt. Info. Corp., 219 Cal. App. 4th 466 (2013) -
In one of the first appellate opinions to consider the new jury...more