Renee Vines filed an action against his former employer alleging discrimination and harassment under the Fair Employment and Housing Act (“FEHA”) based on his race and age; that he was retaliated against when he was...more
A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial.
In many if not most...more
1/17/2024
/ Adverse Employment Action ,
Burden of Proof ,
California ,
Corporate Counsel ,
Emotional Distress Damages ,
Employment Discrimination ,
Employment Litigation ,
Expert Testimony ,
Harassment ,
New Legislation ,
Psychiatrists ,
Retaliation ,
Wrongful Termination
An astronomical $137 million jury verdict against Tesla has again been reduced, for a second (and potentially final) time. Last Monday, following a five-day trial on damages, a federal court jury awarded Owen Diaz, a former...more
Allen v. Staples, Inc., 84 Cal. App. 5th 188 (2022) -
Joyce Allen worked at Staples as a field sales director (FSD) reporting to area sales vice president Bruce Trahey; FSD Charles R. Narlock also reported to Trahey. As...more
As we have previously reported, jury verdicts in employment cases have continued to skyrocket in recent months, and there is no sign they are leveling off. Late last week, a Los Angeles Superior Court jury awarded a total of...more
6/6/2022
/ Compensatory Damages ,
Employer Liability Issues ,
Employment Litigation ,
Harassment ,
Hostile Environment ,
Internal Reporting ,
Jury Trial ,
Jury Verdicts ,
Punitive Damages ,
Retaliation ,
Sexual Harassment
As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state....more
10/18/2021
/ Arbitration ,
Bias ,
Coronavirus/COVID-19 ,
Emotional Support Animals ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Infectious Diseases ,
New Legislation ,
Right of Recall ,
Settlement Agreements ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Workplace Safety
On Monday afternoon, a San Francisco federal court jury awarded $137 million to a Black former elevator operator who worked at Tesla’s Fremont facility for approximately one year before quitting his employment in 2016. ...more
King v. U.S. Bank Nat’l Ass’n, 52 Cal. App. 5th 728 (2020) -
Timothy King sued his former employer for defamation, wrongful termination in violation of public policy, and breach of the implied covenant of good faith and...more
Doe v. Department of Corr. & Rehab., 2019 WL 6907515 (Cal. Ct. App. 2019) -
John Doe, who worked as a psychologist at Ironwood State Prison, alleged discrimination, harassment and retaliation based upon a disability; Doe...more
Mathews v. Happy Valley Conference Ctr., 2019 WL 6769659 (Cal. Ct. App. 2019) -
Jeremiah Mathews worked as a maintenance supervisor and cook for Happy Valley Conference Center, which is a subordinate affiliate of...more
This weekend Governor Brown signed many laws that were authored and gained traction in response to the #MeToo movement:
New Restrictions On Confidentiality Of Sexual Harassment/Discrimination Settlements -
Senate Bill...more
10/2/2018
/ #MeToo ,
Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Governor Brown ,
Harassment ,
Hostile Environment ,
Mandatory Arbitration Clauses ,
New Legislation ,
State Labor Laws ,
Woman Board Members
On Tuesday, a Los Angeles jury did what L.A. juries do so often these days — they awarded tens of millions of dollars to an ex-employee who claimed she had been the victim of discrimination, wrongful termination and...more
The California Office of Administrative Law recently approved new amendments to the California Fair Employment and Housing Act (“FEHA”), strengthening the protections afforded to applicants and employees, including...more
Proskauer's Labor and Employment Law Department released its Value Insights: Delivering Value in Labor and Employment Law survey, a resource that illuminates current practices and future trends in managing labor and...more
5/23/2016
/ Alternative Fee Arrangements ,
Arbitration Agreements ,
Class Action ,
Electronically Stored Information ,
Fair Labor Standards Act (FLSA) ,
Harassment ,
Human Resources Professionals ,
Litigation Fees & Costs ,
Race Discrimination ,
Risk Mitigation ,
Surveys
Google Required To Produce Emails In Response To Former Employer's Subpoena -
Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014) -
Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of...more
Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to other humiliating and harassing...more
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
Employee Must Prove That Illegal Retaliation Was The "But For" Cause Of Adverse Job Action Under Title VII -
University of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. ___, 2013 WL 3155234 (2013) -
The United States...more
7/12/2013
/ Adverse Employment Action ,
But For Causation ,
CAFA ,
Class Action ,
Discrimination ,
Gender Discrimination ,
Harassment ,
Hiring & Firing ,
Misclassification ,
Over-Time ,
Race Discrimination ,
Religious Discrimination ,
Rest and Meal Break ,
Retaliation ,
SCOTUS ,
SEIU ,
Settlement ,
Sexual Harassment ,
Supervisors ,
Title VII ,
Unions ,
UT Southwestern Medical v Nassar ,
Vance v. Ball State University
The Supreme Court ruled that a plaintiff asserting retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”) must prove that the retaliation was the “but for” cause of the employer’s adverse action....more
7/4/2013
/ But For Causation ,
Discrimination ,
FEHA ,
Harassment ,
Nassar ,
Retaliation ,
SCOTUS ,
Supervisors ,
Title VII ,
UT Southwestern Medical v Nassar ,
Vance v. Ball State University ,
Vicarious Liability
Cynthia Lawler alleged disability discrimination, harassment, retaliation and intentional infliction of emotional distress (“IIED”) associated with the termination of her employment. The district court granted summary...more