In Wallace v. County of Stanislaus (2016) 199 Cal.Rptr.3d 462, a sheriff’s deputy brought a disability discrimination case against a County based on the County’s removing the sheriff’s deputy from his job as a bailiff, and placing him on an unpaid leave of absence based on an assessment the sheriff’s deputy could not safely perform his job duties as a bailiff. On appeal, the appellate court reversed the trial court’s decision to issue a jury instruction defining discriminatory animus in the context of an employer’s intent to discriminate against a disabled employee, finding it was not necessary to prove intent to discriminate.
Many people recognize overt and blatant sexual harassment, but what about more subtle and covert instances? Sexual harassment is still a widespread problem that occurs across all sectors of employment. Sexual harassment violates a victim’s personal dignity, privacy, psychological well-being, and personal boundaries.
Increase to California Minimum Wage
Assembly Bill 1506 (amendments to Private Attorney General Act (“PAGA”)
Senate Bill 358- California Fair Pay Act
Senate Bill 432: Removal of “Alien” from the California Labor Code
Senate Bill 501: Modification to Wage Garnishment Restrictions
Assembly Bill 304: Clarification to Sick Leave Law
Assembly Bill 1509: Anti-Retaliation Provision against Family Members of Employee Whistleblowers; Joint Liability Exclusion
Assembly Bill 1513: Piece Rate Compensation Relief
Assembly Bill 970-Expansion of Labor Commissioner’s Powers
Senate Bill 588-Enforcement of Judgments by Labor Commissioner
Assembly Bill 622- E-Verify Misuse
Assembly Bill 987: Accommodation Request=Protected Activity
Senate Bill 579: Time Off for School Activities
Assembly Bill 583: Employment Protections for National Guard Members
Changes to California Family Rights Act (“CFRA”)
Earlier this year, we issued several articles discussing the impact of Iskanian and federal district court’s continued rejection of Iskanian’s holding that PAGA waivers in arbitration agreements are not enforceable. (Iskanian v. CLS Transportation (2014) 59 Cal.4th 348.) The Ninth Circuit has now ruled on this issue.
In late August, the NLRB issued its decision in Browning-Ferris Indus. of California, et. al. v. Sanitary Truck Drivers (362 NLRB No. 186). In a 3-2 decision, the Board determined that Browning-Ferris (a recycling agency) was the “joint employer” of workers who were placed at Browning-Ferris through a staffing firm (Leadpoint Business Services).
In early December, a California federal court forced two assistant store managers bringing an overtime class action against Sears Holdings Management Corp. to arbitrate their dispute. In so doing, the court held federal law preempts the state prohibition against agreements that waive a worker’s ability to bring a Private Attorney General Act claim.
On November 17, 2014, a California federal jury awarded $185 million in punitive damages to a San Diego woman who alleged she was fired by AutoZone Stores, Inc. after she complained she was demoted following the birth of her child. The $186 million award is believed to be the largest employment law verdict for an individual in U.S. history. The record award, however, is likely to be reduced on appeal.
Until now, labor contractors bore the burden of liability for proper payment of wages and securing workers’ compensation for the workers they supply to a business. However, California’s recent passage of Assembly Bill 1897 changes these burdens by the creation of a new law, Labor Code section 2810.3, which becomes effective on January 1, 2015.
The California Supreme Court recently ruled franchisor Domino’s Pizza could not be held liable for sexual harassment claims brought by a former employee of a franchisee because the franchisor was not a “joint employer” of the former employee (Patterson v. Domino’s). Taking a contradictory approach, the General Counsel’s office for the National Labor Relations Board (NLRB) has authorized charges against McDonald’s in its capacity as a franchisor.
There are risks when you employ domestic help. When a person brings someone into their home to perform domestic services, there could be an assumption that domestic help is immune from tax laws, wage/hour regulations, etc… Nothing could be further from the truth. In this article, we will discuss commonly used domestic help and corresponding pitfalls.
In Duran v. U.S. Bank National Association, Case No. S200923 (May 29, 2014), the Court held trial courts must conduct a more detailed analysis at the time of class certification relating to the resolution of individual defenses to class claims, including permitting employers to litigate individual defenses.
Over the past month, the California appellate courts have decided two more cases related to the enforceability of employer’s arbitration agreements. As discussed more extensively below, an agreement that is one-sided or oppressive in nature will be found unconscionable. However, in a positive development for employers, a delegation clause (allowing for the arbitrator to decide the arbitration agreement’s enforceability) will be enforced.
In the clash between the fast-growing world of social media and the plodding evolution of the law, we are faced with the application of old rules to new technology. What may seem like a sound response to protect a client’s online presence might nevertheless be disapproved of and even sanctioned by a court firmly rooted in centuries-old jurisprudence.