Ames v. Ohio Dep’t of Youth Servs., 605 U.S. ___, 145 S. Ct. 1540 (2025) -
Marlean Ames, a heterosexual woman, alleged under Title VII that she had been denied a management promotion and demoted based on her sexual...more
Thomas v. Corbyn Restaurant Dev. Corp., 111 Cal. App. 5th 439 (2025) -
The parties involved in this personal injury lawsuit settled the case for $475,000. An unknown third-party purporting to be plaintiff’s counsel sent...more
Allison v. Dignity Health, 112 Cal. App. 5th 192 (2025) -
Two former registered nurses filed a putative class action against their former employer, alleging various wage and hour claims...more
Lampkin v. County of Los Angeles, 2025 WL 1874669 (Cal. Ct. App. 2025) -
D’Andre Lampkin, a deputy in the Los Angeles County Sheriff’s Department, investigated a man whom he believed was soliciting a prostitute. (In...more
As we have previously reported here and here, “nuclear” verdicts from California juries in employment discrimination and harassment cases have become increasingly common over the past few years. Although these massive...more
As we reported here, a split in authority has developed in the California Court of Appeal regarding what to do when an employer moves to compel arbitration of a Private Attorneys General Act (PAGA) that is “headless”—that is,...more
On April 7, 2025, the California Court of Appeal reversed a whopping $10 million verdict in favor of an employee in a sexual harassment case due to the trial judge’s improper evidentiary rulings and inappropriate comments...more
4/14/2025
/ Appeals ,
California ,
Damages ,
Educational Institutions ,
Employment Discrimination ,
Employment Litigation ,
Race Discrimination ,
Retaliation ,
Reversal ,
Sex Discrimination ,
Sexual Harassment
We invite you to review our newly-posted, March 2025 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more
4/8/2025
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Arbitration ,
CAFA ,
California ,
Defamation ,
Employee Rights ,
Employment Discrimination ,
Federal Aviation Administration (FAA) ,
FEHA ,
Hostile Environment ,
New Legislation ,
Retirement Plan ,
Sexual Harassment ,
USPS ,
Wage and Hour
Although the threat of COVID-19 (remember that?) seems to have diminished considerably over the past five years, once upon a time in Hollywood many production companies (along with other employers) required employees to be...more
4/1/2025
/ Actors ,
Anti-SLAPP ,
Appeals ,
California ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employment Discrimination ,
Employment Litigation ,
First Amendment ,
Vaccinations
On February 26, 2025, in Parra Rodriguez v. Packers Sanitation, Inc., the California Court of Appeal (Fourth Appellate District) issued the latest published decision addressing the practice of filing so-called “headless”...more
The California Court of Appeal dealt another blow to arbitration, just months after we reported the last such decision here.
This time, the Court ruled that the federal Ending Forced Arbitration of Sexual Assault and...more
2/7/2025
/ Appeals ,
Arbitration Agreements ,
California ,
Civil Rights Act ,
Dispute Resolution ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Federal Arbitration Act ,
Retaliation ,
Sexual Harassment ,
Title VII
In yet another attempt to avoid arbitration agreements, plaintiffs’ lawyers in the wake of the blockbuster court decisions in Viking River Cruises, Inc. v. Moriana and Adolph v. Uber Technologies, Inc. began filing so-called...more
1/8/2025
/ Appeals ,
Arbitration Agreements ,
California ,
Civil Monetary Penalty ,
Class Action ,
Employee Rights ,
Employment Contract ,
Employment Litigation ,
Independent Contractors ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises Inc v Moriana
Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute -
Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) -
Erika Paleny alleged harassment, discrimination and...more
8/1/2024
/ ADEA ,
Age Discrimination ,
Appeals ,
Arbitration Agreements ,
Background Checks ,
Chevron Deference ,
Chevron v NRDC ,
Coronavirus/COVID-19 ,
Family and Medical Leave Act (FMLA) ,
Federal Arbitration Act ,
FEHA ,
Fraud ,
Loper Bright Enterprises v Raimondo ,
Lyft ,
Private Attorneys General Act (PAGA) ,
Retaliation ,
SCOTUS ,
Settlement ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
Whistleblowers
The Empire Struck Back last week when the California Court of Appeal held that the state’s latest back-door attempt to outlaw employment arbitration by any means necessary is preempted by the Federal Arbitration Act (FAA). ...more
Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more
4/11/2024
/ Affirmative Defenses ,
Anti-Discrimination Policies ,
Anti-SLAPP ,
Appeals ,
Civil Rights Act ,
FEHA ,
First Amendment ,
Gender Identity ,
Race Discrimination ,
Retaliation ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VII
Hohenshelt v. Superior Court, 318 Cal. Rptr. 3d 475 (Cal. Ct. App. 2024) -
For the seventh time since they became effective in 2020, the California Court of Appeal has published an opinion holding that Cal. Code Civ. Proc....more
Kader v. Southern Cal. Med. Ctr., Inc., 99 Cal. App. 5th 214 (2024) -
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (9 U.S.C. §§ 401, et seq.) became effective on March 3, 2022. A “statutory...more
On Jan. 1, new legislation aimed at curbing the use of unenforceable noncompete agreements took effect in California.
The new laws, which impose potentially harsh consequences on employers for requiring employees to sign...more
Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception” -
Atkins v. St. Cecilia Catholic Sch., 2023 WL 3142316 (Cal. Ct. App. 2023) -
Frances Atkins was a long-term employee of St. Cecilia...more
The long-running feud between California and the “gig economy” shows no sign of ending soon. On April 28, 2023, the State of California submitted a petition to the Ninth Circuit in Olson v. California, No. 21-55757 (9th...more
Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus -
Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023) -
Joan Opara was terminated from her employment as an IRS revenue...more
2/9/2023
/ Age Discrimination ,
Anti-SLAPP ,
Appeals ,
Breach of Contract ,
Criminal Convictions ,
Fair Credit Reporting Act (FCRA) ,
Independent Contractors ,
Minimum Wage ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Wrongful Termination
In recent years, employees (and their lawyers) have taken a variety of approaches to challenging the enforceability of workplace arbitration agreements. One common tactic has been to claim that they “don’t remember signing...more
Trujillo v. City of Los Angeles, 2022 WL 15119812 (Cal. Ct. App. 2022) -
In a negligence case, the City of Los Angeles made a settlement offer to the plaintiff pursuant to Cal. Code Civ. Proc. § 998 a few days before the...more
Killgore v. SpecPro Prof’l Servs., LLC, 51 F.4th 973 (9th Cir. 2022) -
While consulting for an environmental project for the United States Army Reserve Command, Aaron Killgore believed he was being required to prepare an...more
CSV Hospitality Mgmt. LLC v. Lucas, 84 Cal. App. 5th 117 (2022) -
CSV Hospitality Management LLC obtained a restraining order under the Workplace Violence Safety Act against Jermorio Lucas who was living at the Aranda...more