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Employer Does Not Need To Have “Discriminatory Intent” To Found Liable For Disability Discrimination

Author: Regina Silva

June 16, 2016 4:44pm

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.

California Legislative Updates 2016

Author: Regina Silva

March 17, 2016 11:38pm

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”)

NLRB Issues Multiple Decisions Ordering California Companies to Rescind Provisions of Arbitration Agreements Waiving Employee’s Rights to Bring Class or Collective Actions

Author: Regina Silva

December 9, 2015 3:01pm

In a wave of decisions by the National Labor Relations Board (“NLRB”), the NLRB has rejected company’s arbitration agreements which contain class action waivers finding these class action waivers violate the employee’s statutory rights to engage in concerted activity with other employees.

National Labor Relations Board (“NLRB”) Issues Historic Decision Which Overturns Definition of “Joint Employer”

Author: Regina Silva

October 1, 2015 5:14pm

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).

California Supreme Court Clarifies Standard of Unconscionability Needed to Invalidate Arbitration Agreement With Class Action Waiver, While California Legislature Votes to Prohibit Employee Waiver of Wage/Hour Claims in Arbitration Agreements

Author: Regina Silva

October 2, 2015 6:29pm

Just when it looked like arbitration agreements with class action waivers were getting universal approval by this state, the California legislature has decided to interject itself into employee arbitration agreements

Federal District Courts Still Finding PAGA Claims Can Be Waived Via an Arbitration Agreement Despite California Supreme Court’s Ruling in Iskanian v. CLS Transportation

Author: Regina Silva

January 8, 2015 4:48pm

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.

Record $186 Million AutoZone Verdict Unlikely To Withstand Judicial Review

Author: Morgan Van Buren

November 25, 2014 7:02pm

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.

Think You Can Outsource Liability? Think Again.

Author: Robert Tyson

October 30, 2014 11:13pm

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.

NLRB’s General Counsel Opines Franchisor Can Be Liable For Unfair Labor Practices Under “Joint Employer” Standard

Author: Regina Silva

September 9, 2014 5:00pm

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.

Hiring Domestic Help: A Trap for the Unwary

Author: Regina Silva

August 26, 2014 4:31pm

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.

Employer Arbitration Agreements Still A Hot Topic For California Appellate Courts

Author: Regina Silva, Robert Tyson

May 29, 2014 4:25pm

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.

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