Workplace sexual harassment is one of most the pressing issues facing society. As a country, it is impossible to know which direction we are headed if we do not know how we got here. Back in 1991, the Supreme Court set an important precedent for workplace sexual harassment. At the time, it was widely considered […]
Published on October 7, 2016
As an employee you strive to get to work at your scheduled time and give an honest day’s work for an honest day’s pay. You follow all of the policies in your employee manual, and you have no blemishes in your employee record. Your employer expects it of you and most play by the same […]
Published on September 20, 2016
The Unruh Civil Rights Act is one of four statutes enforced by the California Department of Fair Employment and Housing (DFEH), an agency of the California state government established in 1959. The overseeing DFEH protects its state residents from employment, housing and public accommodation discrimination, along with hate violence. According to a study of employee […]
Published on August 15, 2016
This month, the California Supreme Court decided Sanchez v. Valencia Holding Co., LLC, ___ P.3d ___, 2015 WL 4605381 (2015), wherein it held that the anti-waiver provision of California’s consumer protection statute is preempted by the Federal Arbitration Act (“FAA”). Id. at 15. The case involved a car purchaser who filed a putative class action […]
Published on August 18, 2015
Have you ever heard of a mandatory arbitration clause? You’ve probably agreed to one. In fact, if you listen to music online, use a cell phone, pay with a credit card, or work for a large employer, you’re probably bound to several at this very moment. But if you’re like most consumers and employees, a […]
Published on March 24, 2015
The results are in. And for the sixth year in a row, our very own Larry Organ has been named to the 2015 Northern California Super Lawyers. Every year, the Thomson Reuters organization selects “outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.” Following an […]
Published on March 6, 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 […]
Published on January 18, 2015
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 […]
Published on November 21, 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 […]
Published on October 27, 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 […]
Published on September 30, 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 […]
Published on September 18, 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. […]
Published on September 9, 2014