Michael Newman

Michael Newman

Barger & Wolen

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“Familial Status” (Whatever That Means) May Become FEHA’s Newest Protected Category Under SB 404

California employers are well aware that legislators and regulators, both on the state and federal level, have been burning the candle at both ends to generate laws, regulations, and administrative actions designed to hedge...more

11/12/2013 - Compliance Discrimination Family Members FEHA Protected Class Termination

Arbitration Clause In Collective Bargaining Agreement Doesn’t Cover Statutory Claims, Court of Appeal Rules

In Mendez v. Mid-Wilshire Health Care Center, the California Court of Appeal for the Second Appellate District held that the arbitration provision in a collective bargaining agreement governing a plaintiff’s employment did...more

10/29/2013 - Arbitration Collective Bargaining Discrimination FEHA Mandatory Arbitration Clauses Statutory Interpretation

“Locker Room” Talk In All-Male Workplace Sexual Harassment, Fifth Circuit Rules

In this space, we have reported recently on the series of rebuffs that the EEOC has received from various courts in recent months. But in EEOC v. Boh Brothers Construction Company, the Fifth Circuit Court of Appeals handed...more

10/15/2013 - Discrimination EEOC Gender Discrimination Sexual Harassment Sexual Stereotyping Supervisors Title VII

Attorney Fees Not Available In Mixed Motive Retaliation Claims Under Title VII, Seventh Circuit Rules

Under Title VII, in “mixed motive” discrimination cases (i.e., discrimination motivated in part, but not entirely, by an impermissible factor), an employer may limit Plaintiff’s recovery where it can show that it would have...more

5/8/2013 - Attorney's Fees Discrimination Mixed Motive Cases Retaliation Title VII

Employment Contract’s Choice-Of-Law Provision Governs Question of Arbitrability, Court of Appeal Rules

In Harris v. Bingham McCutchen, the California Court of Appeal, Second Appellate District held that the drafter of an adhesion contract could not avoid the contract’s choice-of-law provision in determining the enforceability...more

4/8/2013 - Appeals Arbitration Choice-of-Law Contract of Adhesion Disability Discrimination Discrimination Employment Contract

Why Employers Need To Keep Adequate Records

Here is a pattern that tends to repeat itself often in employment litigation. A disgruntled employee sues an employer for discrimination, harassment, or wrongful termination. A lawsuit is filed. And then, the attorney who...more

2/13/2013 - Attorney's Fees Burden of Proof Discrimination Harassment Recordkeeping Requirements Termination Wage and Hour

California Supreme Court Splits The Baby In Mixed-Motive Employment Discrimination Case

In Wynona Harris v. City of Santa Monica, decided on February 7, 2013, the California Supreme Court addressed the following question...more

2/12/2013 - Discrimination FEHA Harris v City of Santa Monica Hiring & Firing Mixed Motive Cases Termination

No Disability Discrimination Where Employee Cannot Competently Perform Job, Ninth Circuit Holds

In Lawler v. Montblac North American LLC, the plaintiff, Cynthia Lawler, a store manager at a boutique retail store, was diagnosed with psoriatic arthritis. Lawler initiated the action after Defendant employer terminated her...more

1/15/2013 - Disability Discrimination Discrimination FEHA Harassment Hiring & Firing Intentional Infliction of Emotional Distress Retaliation Termination

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