Anthony DiBenedetto

Anthony DiBenedetto

Proskauer Rose LLP

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Cal. App. Court Finds in Favor of Whistleblower Who Never Complained of Unlawful Conduct by the Employer

In Cardenas v. M. Fanaian, D.D.S., Inc., Case No. F069305 (Cal. App. 5 Dist.), a California Court of Appeal determined that Plaintiff Cardenas could pursue a California Labor Code Section 1102.5 retaliation claim against her...more

10/30/2015 - Damages Disclosure Employee Rights Employer Liability Issues Labor Code Law Enforcement Popular Protected Activity Public Policy Retaliation Termination Theft Whistleblower Protection Policies Whistleblowers Wrongful Termination

San Francisco Passes the “Retail Workers Bill of Rights”

San Francisco recently enacted two sweeping ordinances that are being referred to as the “Retail Workers Bill of Rights”. The new laws impose strict new requirements on retail employers and establishments in the City of San...more

1/21/2015 - Employee Rights Employer Mandates Local Ordinance Retailers San Francisco Wage and Hour

Cal. App. Court Finds in Favor of “Whistleblower” Who Never Blew the Whistle

In Diego v. Pilgrim United Church of Christ, — Cal.Rptr.3d —-, 2014 WL 6602601 (Cal. App. 4 Dist.), the California Court of Appeal determined that Cecilia Diego (Plaintiff) could pursue a common law public policy retaliation...more

12/11/2014 - Adverse Employment Action Churches Corporate Counsel Employer Liability Issues Public Policy Retaliation Whistleblower Protection Policies Whistleblowers Wrongful Termination

Lawful Shmawful: Ninth Circuit Ignores Lawful Written Policy and Uses Statistical Sampling to Certify Class Based on Alleged...

On September 3, 2014, the U.S. Court of Appeals for the Ninth Circuit upheld certification of a class of approximately 800 nonexempt insurance claims adjusters who claimed they worked overtime without compensation despite the...more

9/23/2014 - Claims Adjusters Class Action Class Certification Non-Exempt Employees Statistical Sampling Unpaid Overtime

Governor Brown Signs New Laws Affecting California Employers

Gov. Brown has signed into law a measure that will increase California’s minimum wage from $8.00 per hour to $9.00 per hour on July 1, 2014, and to $10.00 per hour on January 1, 2016. So, California employers must prepare for...more

10/1/2013 - Domestic Workers Jerry Brown Minimum Wage Over-Time Paid Leave Wages

California Court Limits “Coming And Going” Exception In Finding Employer Liable For Car Accident That Occurred While Employee Was...

Employers sometimes face vicarious liability for personal injury and property damage when employees use their own vehicles in connection with the performance of their job duties and get into traffic accidents. When facing...more

9/20/2013 - Car Accident Respondeat Superior Scope of Work Vicarious Liability

New IRS Guidance On Tax Treatment Of Attorney’s Fees

The IRS recently released a memorandum advising taxpayers on the proper tax characterization of attorney’s fee payments in connection with a settlement of or judgment in an employment dispute. Courts have long held...more

9/16/2013 - 1099s Attorney's Fees Income Taxes IRS Settlement

California Amends Sexual Harassment Law

Governor Brown signed Senate Bill 292 this week, amending the Fair Employment and Housing Act to allow an employee claiming sexual harassment to prevail without having to show that the allegedly harassing conduct was...more

8/19/2013 - FHFA Harassment Jerry Brown New Legislation Sexual Harassment Substantial Motivating Factor Test

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