Proskauer - California Employment Law

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Employee Could Proceed With Whistleblower Lawsuit Based On Employer’s Mistaken Belief She Had Complained

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 policy…more
| Civil Rights, Labor & Employment Law

Employee Could Proceed With Whistleblower Claim Based On Suspected Commercial Bribery

Linda Ferrick, a former senior administrator for Santa Clara University, claimed the termination of her employment resulted from her reporting that her supervisor had engaged in what Ferrick believed to be commercial bribery as…more
| Antitrust & Trade Regulation, Education, Labor & Employment Law

School Teacher With Breast Cancer Could Proceed With Disability Discrimination Lawsuit

Lauralyn Swanson was a teacher for the Yucca Valley Elementary School who was diagnosed with breast cancer and underwent a mastectomy. After the district’s board of education voted not to renew Swanson’s contract, Swanson sued…more
| Civil Rights, Education, Labor & Employment Law

U.S. Supreme Court Tires (For Now) of Playing “Whack-a-Mole” With California Over Arbitration

On January 20, 2015, the U.S. Supreme Court denied the petition for certiorari filed in CLS Transp. Los Angeles, LLC v. Iskanian, a case in which the California Supreme Court held that waivers of employees’ right to bring…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Employee Who Was Sued By Former Employer Collects $271,000 From Employer

PCGH sued its former employee, Thomas Keck, to collect on an unpaid promissory note. Keck defended against the action by claiming that any money he owed PCGH was offset by monies PCGH owed him for unpaid bonus and severance…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Labor & Employment Law

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award

Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from her…more
| Civil Procedure, Civil Remedies, Civil Rights, Labor & Employment Law

San Francisco Passes the “Retail Workers Bill of Rights”

San Francisco recently enacted two sweeping ordinances that are being referred to as the “Retail Workers Bill of Rights”. The new laws impose strict new requirements on retail employers and establishments in the City of San…more
| Commercial Law & Contracts, Labor & Employment Law

Multiple PAGA Representative Claims Crumble As Federal Courts Continue To Reject Iskanian and Enforce Arbitration Agreements Containing PAGA Waivers

When the California Supreme Court decided Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal. 4th 348 (2014), this June, some legal commentators assumed that employees could not waive pre-litigation claims under the Private…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Conflict of Laws, Labor & Employment Law

PAGA Claims and Arbitration – A Federal Court Parts Ways With Iskanian

The California Supreme Court’s decision in Iskanian v. CLS Transp. Los Angeles, LLC, held that class action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA) except as to claims that were…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Labor & Employment Law

Lawful Shmawful: Ninth Circuit Ignores Lawful Written Policy and Uses Statistical Sampling to Certify Class Based on Alleged “Unofficial Policy”

On September 3, 2014, the U.S. Court of Appeals for the Ninth Circuit upheld certification of a class of approximately 800 nonexempt insurance claims adjusters who claimed they worked overtime without compensation despite the…more
| Civil Procedure, Labor & Employment Law

Thou Shalt Not Bully – Employers Must Educate Supervisors about “Abusive Conduct”

California businesses that have 50 or more employees are already required to train supervisors on legally prohibited sexual harassment. Following California Governor Jerry Brown’s recent signing of A.B. 2053, that training must…more
| Civil Rights, Labor & Employment Law

Unpaid Interns Are Now Protected Against Discrimination and Harassment

On September 9, 2014, California Governor Jerry Brown signed A.B. 1443, which extends the state’s anti-harassment and anti-discrimination protections to unpaid interns. Employers are now prohibited from discrimination…more
| Civil Rights, Labor & Employment Law

California Employees May Soon Be Entitled to Paid Sick Leave

California Governor Jerry Brown has until September 30th to sign or veto A.B. 1522, a recently passed bill that would require businesses employing at least one person in California to provide employees with paid sick leave and…more
| Labor & Employment Law

California Supreme Court Leaves Unanswered Questions in Independent Contractor Case

On Monday, June 30, 2014, the California Supreme Court handed down its decision in Ayala v. Antelope Valley Newspapers, a lawsuit brought on behalf of a group of newspaper delivery carriers who alleged that they had been…more
| Civil Procedure, Labor & Employment Law

Employers Should Now Run—Not Walk—Toward Adopting Arbitration Agreements in California

Yesterday, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transp. Los Angeles, LLC, upholding class action waivers in employment arbitration agreements. This means that the U.S. Supreme Court’s…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law, Transportation
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