Employers are increasingly turning to social networking sites to find additional information about candidates. In fact, recent articles suggest that an applicant’s failure to have a social media presence is viewed by many...more
A San Diego jury awarded that amount to a former employee who claimed he was wrongfully terminated based on his arrest record and then defamed.
Michael Tilkey worked for Allstate Insurance for 30 years and was fired from...more
California Governor Jerry Brown has signed Assembly Bill 2770 (Assembly Member Irwin; D-Thousand Oaks), an act to amend Section 47 of the Civil Code. The bill should protect both sexual harassment victims and employers...more
Supreme Court Bars Mandatory Union Dues For Public Employees -
Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) -
In a highly anticipated decision, the United States Supreme Court held that it is a violation of...more
7/12/2018
/ Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
Class Action ,
Discrimination ,
Employee Rights ,
Employer Liability Issues ,
FEHA ,
Hiring & Firing ,
Hostile Environment ,
NLRB ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Unions ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
On July 4th, U.S. District Judge John A. Mendez issued an order enjoining California from enforcing parts of the California Immigration Workers Protection Act (Assembly Bill 450), a new state law that restricted private...more
7/9/2018
/ Corporate Counsel ,
Department of Justice (DOJ) ,
Employee Rights ,
Employer Liability Issues ,
Employment Records ,
Form I-9 ,
Governor Brown ,
Immigration Enforcement ,
New Legislation ,
Notice Requirements ,
State Labor Laws ,
Subpoenas
On Tuesday, a Los Angeles jury did what L.A. juries do so often these days — they awarded tens of millions of dollars to an ex-employee who claimed she had been the victim of discrimination, wrongful termination and...more
In the immortal words of Mao Zedong: “Let a hundred flowers blossom!”
Multiple cities and hamlets throughout California have enacted slightly differing and, of course, maddeningly confusing non-uniform minimum wage laws....more
Earlier this month, San Francisco’s Public Safety & Neighborhood Services Committee unanimously approved an ordinance that requires certain cannabis business permit applicants to agree to enter into a collective bargaining...more
In this episode of The Proskauer Brief, partner Tony Oncidi and senior counsel Harris Mufson discuss key developments in California employment law, including a new test to determine whether workers are independent contractors...more
6/5/2018
/ #MeToo ,
ABC Test ,
Arbitration Agreements ,
CA Supreme Court ,
Employee Training ,
Employer Liability Issues ,
Independent Contractors ,
Podcasts ,
Sex Discrimination ,
Sexual Harassment ,
Standard of Review ,
State Labor Laws
The California Office of Administrative Law recently approved new amendments to the California Fair Employment and Housing Act (“FEHA”), strengthening the protections afforded to applicants and employees, including...more
Two recent verdicts from California Superior Court juries have awarded former employees $6 million and $7.9 million, respectively, in compensatory damages after a finding of wrongful termination.
Martinez v. Rite Aid...more
We invite you to review our newly-posted May 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include...more
5/11/2018
/ ABC Test ,
Anti-SLAPP ,
CA Supreme Court ,
Delivery Drivers ,
Employer Liability Issues ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Rest and Meal Break ,
State Labor Laws ,
Title VII ,
Wage and Hour
On April 30, 2018, the California Supreme Court issued its unanimous ruling in Dynamex Operations West, Inc. v. Superior Court, making it even harder for companies to classify workers as independent contractors (rather than...more
The California Chamber of Commerce has just identified a new raft of recently introduced “job killer” bills that have been proposed in the California Legislature.
This year’s list of 27 proposed laws includes measures that...more
Former LA Times Columnist's Age/Disability Discrimination Judgment Upheld, New Trial On Damages Ordered -
Simers v. Los Angeles Times Commc'ns, LLC, 18 Cal. App. 5th 1248 (2018) -
T.J. Simers, a well-known sports...more
3/23/2018
/ Americans with Disabilities Act (ADA) ,
Anti-SLAPP ,
Class Certification ,
Digital Realty Trust Inc v Somers ,
Disability Discrimination ,
Dodd-Frank ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Former Employee ,
Fraud Prevention ,
Hiring & Firing ,
Qui Tam ,
Securities and Exchange Commission (SEC) ,
State Labor Laws ,
Title VII ,
Wage and Hour ,
Whistleblower Protection Policies
Yesterday, the United States of America filed a lawsuit in federal court in Sacramento, naming California Governor Jerry Brown and Attorney General Xavier Becerra as defendants, and claiming that California’s proclaimed...more
Last night, Oscar-winner Frances McDormand ended her acceptance speech with a reference to two words – “Inclusion Rider” – that sent many Oscar viewers scrambling to Google her cryptic message. But the term, and its legal...more
The California Labor Commissioner issued a press release this week announcing a $500,000 citation against Los Angeles restaurant Shrimp Lovers, arising from wage theft allegations made against the restaurant by employees who...more
A federal court has struck down as unconstitutional a California law (AB 1687) that prohibits commercial online services from publishing actors’ ages without their consent. The law, which the California legislature enacted in...more
On Thurs. Feb. 15, 2018, a downtown Los Angeles jury awarded Dr. Lauren Pinter-Brown, a former UCLA oncologist, $13 million in a gender discrimination case. Pinter-Brown alleged that she was forced to take another job after...more
Continuing an alarming recent pattern of multi-million dollar jury awards, a Los Angeles jury panel recently awarded $17.4 million to a former employee of the Bureau of Sanitation. The employee claimed he had been retaliated...more
In a little-noticed provision buried deep inside the new Tax Cuts and Jobs Act (signed into law on Dec. 22) is the following “denial of deduction”:
“Payments related to sexual harassment and sexual abuse – No deduction...more
The California Labor Commissioner recently issued a Frequently Asked Questions (FAQ) memo regarding breaks and lactation accommodation. The FAQ memo contains no new concepts, but emphasizes the following longstanding...more
Newly Enacted California Statutes -
Statewide "Ban-the-Box" Legislation -
Known as "Ban-the-Box" legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new...more
11/10/2017
/ Anti-Retaliation Provisions ,
Ban the Box ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Governor Brown ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Mental Health ,
New Legislation ,
Parental Leave ,
Private Attorneys General Act (PAGA) ,
Salary/Wage History ,
Sanctuary Cities ,
Sexual Harassment ,
State Labor Laws ,
Tip Credit ,
Wage and Hour ,
Whistleblower Protection Policies ,
Workers Compensation Act ,
Workers’ Compensation Appeals Board (WCAB)
On Saturday, October 14, 2017, California Gov. Jerry Brown signed Assembly Bill 1008 into law, which is set to take effect on January 1, 2018. Known as the “Ban the Box” legislation, in reference to the box applicants are...more
11/1/2017
/ Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Governor Brown ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
State Labor Laws