Kenneth Sulzer

Kenneth Sulzer

Proskauer Rose LLP

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California Employment Law Notes

Franchisor Is Not Liable For Franchisee's Alleged Sexual Harassment Of Its Employee - Patterson v. Domino's Pizza, LLC, 2014 WL 4236175 (Cal. S. Ct. 2014) - Taylor Patterson was hired by Sui Juris (a franchisee...more

9/9/2014 - Dominos Employer Liability Issues Franchisors Sexual Harassment Vicarious Liability

California Employment Law Notes - May 2014

Male Employee's Sexual Harassment Claims Should Not Have Been Dismissed - Lewis v. City of Benecia, 224 Cal. App. 4th 1519 (2014). Brian Lewis, a heterosexual man, sued his former employer (the City of Benecia)...more

5/14/2014 - Age Discrimination Class Certification Employee Rights Employer Liability Issues FICA Taxes Fitness for Duty Exams FMLA Hiring & Firing Public Employees Putative Class Actions Sarbanes-Oxley Severance Pay Sexual Harassment

San Francisco Releases "Ban the Box" Notice for Posting and Distribution

San Francisco's new Fair Chance Ordinance ("FCO") "bans the box" and otherwise restricts private employers and City contractors from inquiring into or considering certain criminal offenses when making hiring and personnel...more

3/31/2014 - Background Checks Ban the Box Criminal Background Checks

California Employment Law Notes - March 2014

$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed - Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014) Max Taylor worked as a floorhand on an oil rig where he alleged he was...more

3/7/2014 - Oil & Gas Sexual Harassment

San Francisco "Bans the Box" for Private Employers and City Contractors

The Mayor of San Francisco recently signed an ordinance that prohibits private employers and city contractors and subcontractors (collectively "contractors") from asking job applicants about their criminal histories until...more

2/24/2014 - Arrest and Conviction Records Ban the Box Criminal Background Checks Employment Application Hiring & Firing Human Resources Professionals Municipalities Publication Requirement Recordkeeping Requirements Recruitment Policies

Court of Appeal Holds that State Courts Have Concurrent Jurisdiction over FCA Retaliation Claims

On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll...more

2/7/2014 - False Claims Act Jurisdiction Retaliation

Cal. Appellate Court: Cal. State Courts Have Concurrent Jurisdiction Over FCA Retaliation Claims

On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll...more

2/7/2014 - False Claims Act Jurisdiction Retaliation

D.R. Horton and the Arbitration Hotchpotch: Emerging “Rules” and the Future of Compelled Arbitration in California

Last December, the Fifth Circuit issued its long-awaited decision in D.R. Horton, Inc. v. NLRB, holding that employers may require employees to sign arbitration agreements categorically waiving the right to pursue employment...more

1/20/2014 - Arbitration Arbitration Agreements D.R. Horton D.R. Horton v NLRB Federal Arbitration Act Mandatory Arbitration Clauses NLRA NLRB PAGA

California Employment Law Notes - January 2014

TV Station's Failure To Hire Weather News Anchor Was Protected By Free Speech Rights - Hunter v. CBS Broadcasting, Inc., 221 Cal. App. 4th 1510 (2013) - Kyle Hunter sued CBS Broadcasting for age and gender...more

1/15/2014 - Age Discrimination CBS Free Speech Gender Discrimination Hiring & Firing Television Broadcast Stations

California Employment Law Notes - November 2013

Employer Was Entitled To "Substantial Motivating Factor" Jury Instruction - Alamo v. Practice Mgmt. Info. Corp., 219 Cal. App. 4th 466 (2013) - In one of the first appellate opinions to consider the new jury...more

11/12/2013 - Attorney's Fees Disability Disability Discrimination Distracted Driving Employer Liability Issues Jury Instructions Negligence Punitive Damages Substantial Motivating Factor Test Trade Secrets

California Further Restricts Employer Use of Prior Convictions in Hiring Decisions

On October 10, 2013, Governor Jerry Brown approved S.B. 530 to further limit public and private employers from inquiring into or otherwise considering certain types of criminal convictions. The new law takes effect January 1,...more

11/6/2013 - Arrest and Conviction Records Criminal Background Checks Criminal Records Hiring & Firing Prior Conviction

New York Court of Appeals Clarifies Important Questions about Tip-sharing Statute

On June 26, 2013, New York's highest court for the first time weighed in and ruled on what types of employees are qualified to participate in tip-splitting or tip-pooling arrangements under the New York Labor Law, as well as...more

6/28/2013 - DOL Restaurant Industry Tip-Pooling Wages

California Employment Law Notes - January 2013

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

1/14/2013 - Breach of Implied Contract Class Action Class Certification Disability Discrimination FEHA FMLA Hiring & Firing Jury Instructions Lucasfilm Negligent Supervision Over-Time Pregnancy Discrimination Reasonable Accommodation Rest and Meal Break Termination Workplace Violence

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