Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more
4/11/2024
/ Affirmative Defenses ,
Anti-Discrimination Policies ,
Anti-SLAPP ,
Appeals ,
Civil Rights Act ,
FEHA ,
First Amendment ,
Gender Identity ,
Race Discrimination ,
Retaliation ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VII
A federal court in New York has held that a Broadway musical’s casting decisions—specifically replacing one actor with another actor of a different race—are shielded by the First Amendment from employment discrimination...more
When Congress passed and President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) last year, we predicted it was just the beginning of an all-out federal assault on...more
8/23/2023
/ ADEA ,
Arbitration ,
Arbitration Agreements ,
California ,
Cause of Action Accrual ,
Federal Arbitration Act ,
Labor Code ,
Mandatory Arbitration Clauses ,
Race Discrimination ,
Retaliation ,
Sexual Assault ,
Sexual Harassment
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
A federal court judge pared down last year’s jaw-dropping $137 million damages award against Tesla in a racial bias lawsuit. On April 13, 2022, the judge granted Tesla’s motion for a reduction in the amount of damages in part...more
California Relaxes Standard For Proving Whistleblower Claims -
Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) -
Plaintiff Wallen Lawson, who was discharged by his employer PPG Architectural Finishes...more
3/18/2022
/ ADEA ,
California ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Gender Discrimination ,
Race Discrimination ,
State Labor Laws ,
Wage and Hour ,
Whistleblowers
Ducksworth v. Tri-Modal Distrib. Servs., 47 Cal. App. 5th 532 (2020) -
Bonnie Ducksworth and Pamela Pollock are customer service representatives at Tri-Modal Distribution Services who alleged a failure to promote based...more
California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes -
OTO, LLC v. Kho, 2019 WL 4065524 (Cal. S. Ct. 2019) -
In the most recent chapter of the ongoing saga regarding the enforceability of...more
9/18/2019
/ Amended Complaints ,
Americans with Disabilities Act (ADA) ,
Anti-SLAPP ,
Arbitration ,
Arbitration Agreements ,
Bill Cosby ,
CA Supreme Court ,
CAFA ,
Cal Code of Civil Procedure ,
Defamation ,
Federal Arbitration Act ,
Free Speech ,
National Origin Discrimination ,
Obesity ,
Race Discrimination ,
Rest and Meal Break ,
Retaliation ,
Unconscionable Contracts ,
Unpaid Wages ,
Vicarious Liability ,
Wage and Hour
As we have reported before, California is set to become the first state to prohibit employers from discriminating based upon hairstyle. Last week, Governor Gavin Newsom signed into law the “CROWN Act” (Create a Respectful and...more
A new California bill aims to make it illegal for employers to discriminate against employees based upon their hairstyles. SB 188, also known as the “CROWN Act” (Create a Respectful and Open Workplace for Natural hair),...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
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)
Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more
9/13/2017
/ Accrual Requirements ,
Age Discrimination ,
Anti-SLAPP ,
Appeals ,
Burden-Shifting ,
CA Supreme Court ,
Cause of Action Accrual ,
Class Action ,
Class Certification ,
Day of Rest Laws ,
Demurrers ,
DFEH ,
Disability Discrimination ,
Discovery ,
Discovery Disputes ,
Dismissals ,
Evidence ,
FEHA ,
First Amendment ,
Former Employee ,
Genuine Issue of Material Fact ,
Independent Contractors ,
Intentional Infliction of Emotional Distress ,
Interim Adverse Judgment Rule ,
Involuntary Reduction in Force ,
Libel ,
Litigation Fees & Costs ,
Malicious Prosecution ,
Motion to Compel ,
Pretext ,
Private Attorneys General Act (PAGA) ,
Probable Cause ,
Public Policy ,
Putative Class Actions ,
Race Discrimination ,
Reasonable Accommodation ,
Remedies ,
Retaliation ,
Reversal ,
Right to Privacy ,
Section 998 ,
Settlement Offer ,
Statute of Limitations ,
Subpoenas ,
Summary Judgment ,
Telemarketing ,
Trade Secrets ,
Vacation Pay ,
Vicarious Liability ,
Waiting Periods ,
Websites
Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more
3/9/2017
/ Anti-SLAPP ,
Appeals ,
California Family Rights Act (CFRA) ,
Class Action ,
Company Vehicles ,
Credit Reports ,
Department of Labor (DOL) ,
Disability Discrimination ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Gender Discrimination ,
Hiring & Firing ,
Hostile Environment ,
Intentional Infliction of Emotional Distress ,
Non-Exempt Employees ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Race Discrimination ,
Reasonable Accommodation ,
Rest and Meal Break ,
Retaliation ,
Reversal ,
Sales Commissions ,
Standard of Review ,
Summary Judgment ,
Title VII ,
Vicarious Liability
Ninth Circuit Strikes Down Employer's Class Action Waiver -
Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016) -
As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign...more
9/12/2016
/ Amusement Parks ,
Arbitration ,
Attorney's Fees ,
Civil Rights Act ,
Class Action ,
Class Action Arbitration Waivers ,
DFEH ,
Equal Employment Opportunity Commission (EEOC) ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
Native American Issues ,
NLRA ,
Over-Time ,
Prompt Payment ,
Race Discrimination ,
Removal ,
Retirement Plan ,
Sovereign Immunity ,
Title VII ,
Wage and Hour
Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC -
CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) -
The EEOC filed suit against CRST (a trucking company) alleging...more
7/14/2016
/ Appeals ,
Apple ,
Arbitrary and Capricious ,
Attorney's Fees ,
Attorney-Client Privilege ,
Cartwright Act ,
Computer Fraud and Abuse Act (CFAA) ,
Constructive Discharge ,
Criminal Prosecution ,
Department of Labor (DOL) ,
Disability Discrimination ,
Economic Espionage Act ,
EEOC v CRST Van Expedited ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Former Employee ,
Green v Brennan ,
Hiring & Firing ,
Judgment on the Merits ,
Lay-Offs ,
Misappropriation ,
Motions to Quash ,
Navarro v Encino Motorcars ,
Outside Counsel ,
Over-Time ,
Passwords ,
Permanent Injunctions ,
Personal Jurisdiction ,
Prevailing Party ,
Race Discrimination ,
Resignation ,
Restraining Orders ,
Reversal ,
SCOTUS ,
Service Advisors ,
Sex Discrimination ,
Sexual Harassment ,
Sherman Act ,
Statute of Limitations ,
Termination ,
Time Warner ,
Title VII ,
Tortious Interference ,
Trade Secrets ,
Unauthorized Access ,
Unpaid Overtime ,
Unpaid Wages ,
US v Nosal ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Violence
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
Court Reverses $1 Million Discrimination Verdict Entered Against LA Fire Department -
Jumaane v. City of Los Angeles, 241 Cal. App. 4th 1390 (2015) -
Jabari Jumaane, an African-American firefighter with the Los...more
Raymond E. Horne was a glazier and a member of the glazier’s union. He also served as an officer and a member of the council and of the executive board of the union. Horne, who is African American, twice applied for an...more
Employee Who Was Working Elsewhere During Medical Leave Of Absence Was Properly Terminated -
Richey v. AutoNation, Inc., 182 Cal. Rptr. 3d 644 (Cal. S. Ct. 2015).
Avery Richey worked for Power Toyota Cerritos,...more
On December 16, we obtained summary judgment on behalf of our client, Paramount Pictures Corporation, in a case brought by a former paralegal in the studio’s Business Affairs Administration department. The plaintiff claimed...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
Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more
5/10/2013
/ Class Action ,
Coerced Patronage ,
Collective Actions ,
Discrimination ,
Enforcement ,
Forum ,
Genesis HealthCare ,
Genesis Healthcare Corp. v. Symczyk ,
Mental Illness ,
Mootness ,
Race Discrimination ,
Sexual Harassment ,
Suicide ,
Unpaid Overtime ,
Unpaid Wages