Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute -
Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) -
Erika Paleny alleged harassment, discrimination and...more
8/1/2024
/ ADEA ,
Age Discrimination ,
Appeals ,
Arbitration Agreements ,
Background Checks ,
Chevron Deference ,
Chevron v NRDC ,
Coronavirus/COVID-19 ,
Family and Medical Leave Act (FMLA) ,
Federal Arbitration Act ,
FEHA ,
Fraud ,
Loper Bright Enterprises v Raimondo ,
Lyft ,
Private Attorneys General Act (PAGA) ,
Retaliation ,
SCOTUS ,
Settlement ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
Whistleblowers
Daramola v. Oracle Am., Inc., 92 F.4th 833 (9th Cir. 2024) -
Tayo Daramola is a Canadian citizen who resided in Montreal at all relevant times and who worked for Oracle Canada, a wholly owned subsidiary of Oracle...more
We invite you to review our newly-posted March 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more
A Single Incident Of Harassing Conduct May Create A Hostile Work Environment -
Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) -
Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more
1/26/2024
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Certification ,
Collective Actions ,
Employee Benefits ,
Enforcement ,
Fair Labor Standards Act (FLSA) ,
Labor Code ,
Over-Time ,
Poison Pill ,
Pre-Employment Agreements ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Release Agreements ,
Rest and Meal Break ,
Sexual Harassment ,
Wage and Hour ,
Whistleblowers
The California Supreme Court has held that an employee who makes a whistleblower complaint to his or her employer may bring a retaliation claim under the whistleblower statute (California Labor Code § 1102.5(b)) even if the...more
A California judge has ordered Farmers Insurance to pay almost $2.3 million in attorney’s fees to the lawyers of a successful whistleblower/former in-house attorney who claimed his role as a potential witness in a sex bias...more
Killgore v. SpecPro Prof’l Servs., LLC, 51 F.4th 973 (9th Cir. 2022) -
While consulting for an environmental project for the United States Army Reserve Command, Aaron Killgore believed he was being required to prepare an...more
Summary Judgment Was Properly Granted To Employer In Whistleblower Case -
Vatalaro v. County of Sacramento, 2022 WL 1775708 (Cal. Ct. App. 2022)
Cynthia J. Vatalaro sued the county for a violation of Cal. Lab. Code §...more
Former UCLA Physician Can Proceed With Whistleblower Claims -
Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022) -
Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and...more
5/23/2022
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
CAFA ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Forced Labor ,
Hiring & Firing ,
Labor Code ,
Non-Compete Agreements ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
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
The California Supreme Court has resolved an inconsistency that has divided the courts as to the proper evidentiary standard necessary to prove a whistleblower retaliation claim....more
2/10/2022
/ Anti-Retaliation Provisions ,
Burden of Proof ,
CA Supreme Court ,
California ,
Evidence ,
Labor Code ,
Labor Reform ,
Retaliation ,
State Labor Laws ,
Whistleblower Protection Policies ,
Whistleblowers
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
Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners -
Hawkins v. City of Los Angeles, 40 Cal. App. 5th 384 (2019) -
Todd Hawkins and Hyung Kim were terminated from their jobs as...more
11/11/2019
/ ABC Test ,
Anti-SLAPP ,
DFEH ,
Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
FEHA ,
Independent Contractors ,
Joint Employers ,
Labor Code ,
McDonalds ,
Minimum Wage ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Retaliation ,
State Labor Laws ,
Tipped Employees ,
Unpaid Wages ,
Wage and Hour ,
Whistleblowers
We’re delighted to report that we secured two summary judgments in two separate alleged discrimination cases on behalf of our client Cedars-Sinai Medical Center in matters that were pending in the Los Angeles Superior Court....more
Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right -
Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) -
After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more
3/18/2019
/ Breach of Contract ,
CA Supreme Court ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Hiring & Firing ,
Independent Contractors ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Joint Employers ,
On-Call Employees ,
Popular ,
Private Attorneys General Act (PAGA) ,
Statute of Limitations ,
Title VII ,
Unpaid Wages ,
Wage and Hour ,
Whistleblowers
Employer Must Obtain Written Authorization To Conduct Background Check -
Connor v. First Student, Inc., 2018 WL 3966434 (Cal. S. Ct. 2018) -
Eileen Connor worked as a school bus driver for Laidlaw Education Services, a...more
9/13/2018
/ Background Checks ,
Breach of Contract ,
CA Supreme Court ,
CAFA ,
Consumer Credit Reporting Agencies Act (CCRAA) ,
Employer Liability Issues ,
Employment Litigation ,
Form I-9 ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Jury Awards ,
Lanham Act ,
Popular ,
Sanctuary Cities ,
Settlement Agreements ,
State Immigration Laws ,
State Labor Laws ,
Whistleblowers ,
Written Consent
Supreme Court Bars Mandatory Union Dues For Public Employees -
Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) -
In a highly anticipated decision, the United States Supreme Court held that it is a violation of...more
7/12/2018
/ Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
Class Action ,
Discrimination ,
Employee Rights ,
Employer Liability Issues ,
FEHA ,
Hiring & Firing ,
Hostile Environment ,
NLRB ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Unions ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more
5/8/2017
/ Abuse of Discretion ,
Age Discrimination ,
Anti-Retaliation Provisions ,
Anti-SLAPP ,
Appeals ,
Attorney's Fees ,
Automatic Stay ,
Car Accident ,
CEOs ,
Chapter 11 ,
Company Vehicles ,
Defamation ,
Disability Discrimination ,
E-Verify ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Grocery Stores ,
Hiring & Firing ,
Internal Reporting ,
McLane Co. v EEOC ,
Motions to Quash ,
Non-Disclosure Agreement ,
Piece-Rate Pay ,
Private Attorneys General Act (PAGA) ,
Public Policy ,
Remand ,
Rescission ,
Resignation ,
Salary/Wage History ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Standard of Review ,
Subpoenas ,
Unpaid Overtime ,
Unpaid Wages ,
Vicarious Liability ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim -
Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) -
Luis...more
5/11/2016
/ Americans with Disabilities Act (ADA) ,
Association Discrimination ,
CA Supreme Court ,
Class Action ,
Conciliation ,
Disability Discrimination ,
Doffing ,
Donning ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
Farmers Insurance ,
FEHA ,
Hostile Environment ,
Judicial Review ,
Mach Mining v EEOC ,
Medical Leave ,
Misclassification ,
Motion to Dismiss ,
Prevailing Party ,
Qui Tam ,
Raytheon ,
Reasonable Accommodation ,
Retaliation ,
SCOTUS ,
Seating ,
Sexual Harassment ,
Statistical Sampling ,
Subject Matter Jurisdiction ,
Suitable Seats Lawsuits ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
Wage and Hour ,
Whistleblowers ,
Wrongful Termination
Nuclear Plant Maintenance Manager's Whistleblower Claim Was Properly Dismissed -
Sanders v. Energy Northwest, 2016 WL 560809 (9th Cir. 2016) -
David W. Sanders, a maintenance manager for Energy Northwest (a...more
3/17/2016
/ Bonuses ,
Breach of Contract ,
Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Department of Labor (DOL) ,
Employee Training ,
Employment Contract ,
Energy Reorganization Act ,
Fair Labor Standards Act (FLSA) ,
Mootness ,
Over-Time ,
Protected Activity ,
Putative Class Actions ,
Reimbursements ,
Retaliation ,
Rule 68 ,
SCOTUS ,
Tip Credit ,
Tip-Pooling ,
Tolling ,
Unjust Enrichment ,
Wage and Hour ,
Whistleblowers
Newly Enacted California Statutes -
Paid Sick Leave Law Is Amended -
The amendments to the law include a clarification as to who is a covered worker; alternative accrual and payment methods; and a grandfather...more
11/11/2015
/ Anti-Retaliation Provisions ,
Discrimination ,
E-Verify ,
Fair Pay Act ,
Grocery Store Workers ,
Labor Commissioners ,
On-Duty Meal Period Waivers ,
Piece-Rate Pay ,
Sick Leave ,
Termination ,
Wage and Hour ,
Wage Statements ,
Whistleblowers
The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state. These statutes are in...more
10/21/2015
/ Accrual Method ,
Anti-Pay Secrecy ,
Anti-Retaliation Provisions ,
Arbitration Agreements ,
California Family Rights Act (CFRA) ,
Change in Control ,
Class Action ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Discrimination ,
E-Verify ,
Employee Rights ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Enforcement ,
Equitable Relief ,
Fair Pay Act ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Governor Brown ,
Governor Vetoes ,
Grocery Store Workers ,
Healthcare ,
Healthy Workplaces Healthy Families Act 2014 ,
Hiring & Firing ,
Job Applicants ,
Joint Liability ,
Labor Commissioners ,
Labor Standards Enforcement ,
Mandatory Arbitration Clauses ,
New Legislation ,
On-Duty Meal Period Waivers ,
Piece-Rate Pay ,
Private Attorneys General Act (PAGA) ,
Protected Activity ,
Protected Class ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Retaliation ,
Sick Leave ,
Social Security Administration (SSA) ,
Substantially Similar ,
Unpaid Leave ,
Unpaid Wages ,
Wage and Hour ,
Wage Garnishment ,
Wage Statements ,
Whistleblowers
Newly Enacted California Statutes -
The Word "Alien" Is Stricken From The California Labor Code -
Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more
9/8/2015
/ ADEA ,
Age Discrimination ,
Anti-Retaliation Provisions ,
Attorney's Fees ,
Background Checks ,
CAFA ,
Cheerleaders ,
Class Action ,
Class Certification ,
Commercial General Liability Policies ,
Commercial Truck Drivers ,
Cumis Counsel ,
Department of Homeland Security (DHS) ,
Discrimination ,
En Banc Review ,
False Claims Act (FCA) ,
First-to-File ,
Grocery Stores ,
Hiring & Firing ,
Independent Contractors ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Jurisdiction ,
Labor Code ,
Labor Commissioners ,
Misclassification ,
Motion for Summary Judgment ,
National Guard ,
New Legislation ,
Pretext ,
Qui Tam ,
Reasonable Accommodation ,
Removal ,
Rest and Meal Break ,
Retaliation ,
Title VII ,
Unfair Competition ,
Wage and Hour ,
Whistleblowers
Robert J. MacLean became a federal air marshal for the TSA in 2001. In that role, MacLean was assigned to protect passenger flights from potential hijackings. In July 2003, the Department of Homeland Security issued a...more
Diego v. Pilgrim United Church of Christ, 231 Cal. App. 4th 913 (2014) -
Cecilia Diego, the former assistant director of Pilgrim United’s preschool, sued her former employer for retaliation in violation of public...more