Do you need extended time off from work?

March 15, 2017

You have probably noticed that life has a way of throwing you curve balls, and sometimes you need extra time away from your job to deal with the unexpected. You can get just that under the California Family Rights Act, which allows a total of 12 work weeks of paid or unpaid leave, as long […] Read More

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 More

Governor 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 More

California 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 More

National 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 More

California Supreme Court Allows Employee Class Action Waivers in Arbitration Agreements

August 7, 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 More

Appellate Court Distinguishes Pregnancy Disability Leave From Pregnancy Disability Discrimination

April 3, 2013

The California Court of Appeal‘s decision in Sanchez v. Swissport, Inc., is of great importance, effecting the rights of employees with pregnancy-related disabilities. As a result of the decision, employers may be required to provide an employee with additional leave to that required under California’s Pregnancy Disability Leave Law (PDLL) and the California Family Rights […] Read More

Court Clarifies Law Regarding Verbal Violations of Privacy in the Workplace

March 25, 2013

In March of this year, in the matter of Melissa Ignat v. Yum! Brands, Inc., the California Court of Appeal recognized that in addition to other forms that are required for proving a breach of privacy occurred, privacy can also be breached verbally. The court held that “disclosure in writing is not required to maintain […] Read More

Harris v. City of Santa Monica: CA Supreme Court Clarifies “Mixed Motive” Theory Under FEHA

February 12, 2013

In a highly anticipated decision last week, the California Supreme Court handed down its ruling in Harris v. City of Santa Monica. Terminated a mere eight days after informing her employer that she was pregnant, Ms. Harris sued the City of Santa Monica for pregnancy discrimination under the Fair Employment and Housing Act (FEHA). In […] Read More

The Cost of Retaliation: Why Employers Need Whistleblowers

February 1, 2013

Whistleblowers tend to get a bad rap in this country and around the world. From the employers exposed by their refusal to stand idly by to a media culture that tends to view them as traitors or worse, whistleblowers face an uphill battle as soon as they resolve to break the silence. Instead of being […] Read More