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Articles & News on Employment Law

The Whistleblower & ‘The Whistleblower’: How Fiction Becomes Law

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
Governor Brown Signs Bill Protecting Subcontracted Workers By Creating Joint Liability For “Client Employers”

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
Employee vs. Independent Contractor: The Problem Of Employee Misclassification

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
Weaving v. City of Hillsboro: Ninth Circuit Undercuts ADA Coverage for ADHD Employee

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
California Supreme Court Allows Employee Class Action Waivers in Arbitration Agreements

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
African American Employee Sues Alabama Employer For Racism

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
Gay Civil Rights Momentum in 2013 Historic Year for LGBT Rights with More Efforts Needed

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
Sexual Harassment in the Workplace: The Evolution of the FEHA

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
Martinez v. Rite Aid Corporation: Why Court Is No Place For Revenge

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

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