Bar Exam Toolbox Podcast Episode 303: Listen and Learn -- Injunctions and Restraining Orders (Civ Pro)
North Carolina’s Senate Bill (SB) 484, sponsored by Senators Timothy Moffitt, Warren Daniel, and Danny Britt, would amend the Workplace Violence Prevention Act by allowing employers to seek restraining orders against “mass...more
Consider the following scenarios: A customer repeatedly enters your company’s workplace, berates your employees, uses profanity, and then leaves. (Let’s call her “Cruella.”) Or perhaps a customer consistently comes in and...more
California employers will soon be able to more easily obtain temporary restraining orders (TROs) to protect employees from harassment before conduct has escalated to acts of violence or credible threats of violence under a...more
In the sixteen years that I was a Wake County District Judge and District Attorney, I’d often be asked how to get a restraining order. The answer is relatively simple – the North Carolina General Assembly passed a law that...more
Senate Bill 553, signed into law by Governor Gavin Newsom, requires nearly all employers in the State of California to prepare a Workplace Violence Prevention Plan, train employees on how to identify and avoid workplace...more
As reported here, California recently took steps to provide employers additional tools to combat workplace violence, including requiring a written workplace violence prevention plan, by enacting Senate Bill 553. Effective...more
In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the twelfth and final day of our holiday series, my labor...more
In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the ninth day of the holidays, my labor and employment...more
Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law...more
Governor Newsom recently signed a slew of new bills into law at the close of California’s 2023 legislative session. Of those, there are several employment-related laws that California employers should take note of. We...more
On October 17, 2022, in an issue of first impression at the appellate level, California’s Court of Appeals (First District) published an opinion clarifying that a defendant in a petition for restraining order under...more
Technology Credit Union v. Rafat, 82 Cal. App. 5th 314 (2022) - Summary: To obtain a workplace violence restraining order, an employer must produce evidence of a knowing and willful statement or course of conduct that...more
Mass shootings have become a tragic reality in the United States. Recent years have witnessed a number of high-profile incidents at schools, workplaces, churches, and other public places. While the country remains deeply...more
Following all-too-frequent news reports, employers ask what the Occupational Safety and Health Administration (OSHA) has said about workplace violence. Recent OSHA citations have begun to provide guidance as to the steps that...more
Workplace violence is high on every HR professional’s list of worst nightmares regardless of the source – an employee, former employee, angry customer, or random third party. Of course, there are a host of security...more
Seyfarth Synopsis: Workplace violence is a major concern that can take the form of intimidation, threats, and even homicide. But fret not: California employers can arm themselves with restraining orders, to prevent a modern...more
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
How should Human Resources respond to the following scenario?: An employee reports that she recently separated from her husband and obtained a domestic violence restraining order. Several co-workers approach HR to report that...more
Tragic acts of violence have taken over our headlines and can destroy not only lives, but businesses. With the rise in reported gun violence, the numerous recent tragedies around the country and continued economic troubles...more