Many California laws seek to restrict the terms and conditions an employer may place on an employee during employment. Tuesday, the California Court of Appeal confirmed that Business and Professions Code Section 16600 is not...more
People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more
1/2/2020
/ Adjudicatory Process ,
Adverse Employment Action ,
Appeals ,
Defense Strategies ,
Department of Corrections ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Failure to Accommodate ,
FEHA ,
Hiring & Firing ,
Hostile Environment ,
Performance Reviews ,
Resignation ,
Retaliation ,
Sexual Harassment
Concluding that TWC Dealer Group, Inc.’s arbitration agreements were both procedurally and substantively unconscionable, California’s First Appellate District’s recent decision highlights certain contractual terms and...more
Employee lawsuits for wrongful termination often allege claims for violating the Fair Employment and Housing Act (FEHA) and public policy. The public policy claim, often referred to as a “Tameny” claim, is based on a...more
The analysis of whether a worker is an employee or independent contractor for purposes of California’s Wage Orders became more restrictive in 2018 following the California Supreme Court’s adoption of the “ABC” test in the...more
6/6/2019
/ ABC Test ,
Appeals ,
DLSE ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Retroactive Application ,
Wage and Hour
The Court of Appeal just confirmed that a landlord is not barred from recovering rent owed by a tenant in a civil action for breach of contract, even after obtaining a judgment for unlawful detainer against the tenant, so...more
2/19/2018
/ Appeals ,
Breach of Contract ,
Collateral Estoppel ,
Commercial Leases ,
Commercial Tenants ,
Damages ,
Landlords ,
Motion to Dismiss ,
Rental Income ,
Rental Property ,
Res Judicata ,
Summary Judgment ,
Unlawful Detainer
In November 2016 the California Supreme Court ordered that a decision from the appellate division of the San Diego Superior Court in U.S. Financial, L.P. v. Michael McLitus (“McLitus”) be published. ...more