The Case for Mandatory EPLI Coverage in California
January 18, 2015
As long as judgments have included economic damages, there have been judgment proof defendants. In personal injury law, for example, this problem has been addressed by the concept of mandatory coverage for those who participate in the activities that typically give rise to such claims. From car and homeowners insurance to workers compensation programs, these […]
Read MoreHow The Supreme Court’s Hobby Lobby Decision Violates The FEHA (and Title VII)
November 21, 2014
In Burwell v. Hobby Lobby Stores, Inc., 134 S.Ct. 2751 (2014), the Supreme Court held that the so-called contraceptive mandate of the Patient Protection and Affordable Care Act (ACA) violated the Religious Freedom Restoration Act (RFRA). After finding that for-profit corporations are “persons” under the RFRA, the Court proceeded to declare that the ACA’s regulatory […]
Read MoreThe Whistleblower & ‘The Whistleblower’: How Fiction Becomes Law
October 27, 2014
Whistleblower has become a bit of a buzzword in recent years. Thanks in part to household names like Bradley Manning and Edward Snowden, the word is hardly reserved to the legal profession. As such phenomenons often go, the infusion of such terms and ideas in to popular culture – frequently made manifest through movies, books […]
Read MoreGovernor Brown Signs Bill Protecting Subcontracted Workers By Creating Joint Liability For “Client Employers”
September 30, 2014
Over the weekend, California Governor Jerry Brown signed Assembly Bill 1897, which imposes new joint liability for companies whose labor subcontractors violate wage and workplace safety laws. The bill was hotly contested. While labor groups are calling it a major victory for California workers, business groups argue that the bill is a “job killer” that […]
Read MoreCalifornia Supreme Court’s Joint Employer Ruling Doesn’t Really Threaten NLRB’s Joint Employer Decision
September 18, 2014
Last month, the California Supreme Court issued its 4-3 decision in Patterson v. Domino’s Pizza, LLC, wherein it held that, under the specific circumstances of that case, the Domino’s franchisor could not be held liable as a joint employer for the sexual harassment committed by its franchisee. Given the recent debate sparked by the NLRB’s […]
Read MoreEmployee vs. Independent Contractor: The Problem Of Employee Misclassification
September 09, 2014
As economic demands pressure businesses to take steps to remain competitive, employers often look to labor as a means of cutting costs and staying “lean.” For example, if the employer is a manufacturer, the company might enlist another company to manage the production arm of its business as an alternative to hiring its own employees. […]
Read MoreNational Labor Relations Board’s “Joint Employer” Decision A Potential Boon To Employee Rights
August 28, 2014
Last month, the National Labor Relations Board (NLRB) issued an administrative decision that, if untouched by the courts, will force corporate employers to take a greater interest in the labor practices of their franchisees. Following a number of complaints submitted to the NLRB by several McDonald’s employees, the Office of the General Counsel stated that […]
Read MoreWeaving v. City of Hillsboro: Ninth Circuit Undercuts ADA Coverage for ADHD Employee
August 19, 2014
In the matter of Weaving v. City of Hillsboro, a jury determined that the City of Hillsboro violated that Americans with Disabilities Act (ADA) when it terminated police officer Matthew Weaving, who suffered from attention deficit hyperactivity disorder (ADHD). The city then appealed the district court’s earlier denial of its motion for summary judgment to […]
Read MoreCalifornia Supreme Court Allows Employee Class Action Waivers in Arbitration Agreements
August 07, 2014
Earlier this summer, the California Supreme Court issued its decision in the matter of Iskanian v. CLS Transportation Los Angeles, LLC, ___ Cal.4th ___, No. S204032 (June 23, 2014), wherein an employer was seeking to enforce a collective action ban contained in its arbitration agreement. In opposition to CLS Transportation’s attempt to enforce the waiver, […]
Read MoreAfrican American Employee Sues Alabama Employer For Racism
January 22, 2014
Last Friday, the California Civil Rights Law Group – in partnership with The Armstrong Law Firm – filed a lawsuit in Alameda County on behalf of a Livermore-based employee who claims he was subjected to a steady stream of racial harassment over the course of three years at Vulcan Materials Co. Gordon Tillman, who is […]
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