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 […]
Published on August 28, 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 […]
Published on August 19, 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, […]
Published on August 7, 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 […]
Published on January 22, 2014
I had the honor of co-authoring this article with employment attorney Kelly Armstrong of The Armstrong Law Firm. The article was originally published by the American Association of Justice in the fall 2013 edition of its Connections Count newsletter (PDF). Following the Supreme Court’s rulings on the Defense of Marriage Act (1 U.S.C. § 7 […]
Published on October 14, 2013
For many years, the wider community have agreed everyone is entitled to a workplace that is free from sexual harassment. To make this community value law, the California government established the Fair Employment and Housing Act (FEHA). However, not every issue can be dealt with at once, so there have been amendments to the FEHA […]
Published on May 15, 2013
In Gonzalez v. Downtown LA Motors, LP., the California Court of Appeal held that to comply with minimum wage requirements in California, piece-rate employees must be paid a separate minimum wage for non-piece-rate work. FACTS OF THE CASE The plaintiffs were employed as automotive service technicians for Downtown LA Motors, LP (DTLA). The technicians were […]
Published on May 14, 2013
When an employer does the wrong thing by you, it’s only natural to feel resentment toward the employer. This is especially true in the case of being bullied, discriminated against or wrongfully terminated. The solution to these issues is to file a complaint with a court, ordinarily with the help of a civil rights attorney. […]
Published on May 3, 2013
The case of Hatai v. Department of Transportation et. al highlights that employees in discrimination trials should be aware that California courts are prepared to reject an employee’s attempt to use “me too” evidence. The “me too” doctrine allows an employee to present evidence of discrimination not only against themselves but also against other employees […]
Published on May 1, 2013
With America’s belt line expanding, airlines are finding that they have to begin going into that grey area that surrounds those who are considered ‘customers of size’. While most airlines have policies in place regarding the treatment and protocol of those with a larger waistline, only recently have these policies become more prominent with the […]
Published on April 30, 2013
On the December 30, 2012, the Americans with Disabilities Act 1990 was amended, and the Fair Employment and Housing Council [1] altered the California Code of Regulations[2] to reflect those changes accordingly.[3] More specifically, the new regulations have expanded on the existing laws and now provide more detailed definitions of recognized disabilities. Mental Disabilities now […]
Published on April 24, 2013
The plaintiff of this case is a forty year old female who was wrongfully terminated after she returned from medical leave. Kathryn Sheppard v. Daniel Evans and Assoc. establishes the requirements for a statement of claim of age discrimination. This case overturned previous decisions of the district court, which had ruled that a statement of […]
Published on April 24, 2013