In this episode of The Proskauer Brief, partners Tony Oncidi and Kate Gold discuss California’s most recent legislative response to the #MeToo movement. These developments include new restrictions on confidentiality and...more
12/2/2019
/ #MeToo ,
Arbitration Agreements ,
Confidentiality Agreements ,
Corporate Counsel ,
Federal Arbitration Act ,
FEHA ,
Non-Disparagement Provisions ,
Retaliation ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
State Legislatures ,
Statute of Limitations
Last week, we blogged about the avalanche of new labor laws that California employers will face in 2020. Here are two late additions to the list — just in time for Halloween!...more
Here’s a comprehensive list of the new employment-related statutes enacted and signed into law in the Golden State (effective Jan. 1, 2020 unless otherwise specified)...more
10/15/2019
/ Arbitration Agreements ,
Bias ,
Breastfeeding ,
California Consumer Privacy Act (CCPA) ,
DFEH ,
Employee Training ,
Employment Discrimination ,
FEHA ,
Hairstyle Discrimination ,
Independent Contractors ,
New Legislation ,
Reasonable Accommodation ,
Sexual Assault ,
Sexual Harassment ,
State Bans ,
State Labor Laws ,
Statute of Limitations
In a decision unsurprising to anyone familiar with what California juries have been up to lately, fast-food titan Jack in the Box was ordered to pay $15.4 million (including a staggering $10 million in punitive damages) last...more
6/21/2019
/ Age Discrimination ,
Corporate Counsel ,
Emotional Distress Damages ,
Employer Liability Issues ,
Former Employee ,
Hiring & Firing ,
Jury Awards ,
Jury Verdicts ,
Negligent Supervision ,
Retaliation ,
Sexual Harassment
For the second time this calendar year, a Los Angeles jury ordered an employer to pay $11 million to an employee who claimed to have been sexually harassed. And, once again, the amount of punitive damages ($8 million) dwarfed...more
The #MeToo and #TimesUpmovements have sparked an undeniably important conversation.
They have brought to light allegations of sexual assault, harassment and discrimination in society at large and in the workplace in...more
3/21/2019
/ #MeToo ,
Anti-Harassment Policies ,
Complaint Procedures ,
Corporate Culture ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Sexual Harassment ,
Workplace Harassment Guidance ,
Workplace Investigations
A Los Angeles jury awarded more than $11 million to two former employees who claimed they were sexually harassed and retaliated against for complaining about the harassment.
Megan Meadowcroft and Amber Brown, who worked at...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
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
Editor's Overview -
For over two decades, federal law has required covered health plans and insurers to ensure that certain mental health benefits are in parity with offered medical/surgical benefits. The meaning of...more
1/9/2018
/ 401k ,
Affordable Care Act ,
Attorney's Fees ,
Benefit Plan Sponsors ,
Claim Procedures ,
Compensation & Benefits ,
Cost-Sharing ,
Deferred Compensation ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Disability ,
Disability Benefits ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
Fiduciary Duty ,
Health Savings Accounts ,
Healthcare Facilities ,
Healthcare Reform ,
Income Taxes ,
Individual Retirement Account (IRA) ,
Mental Health ,
Mental Health Parity Rule ,
MHPAEA ,
Public Health Service Act ,
QMAC ,
QNEC ,
Securities and Exchange Commission (SEC) ,
Sexual Harassment ,
Shared Responsibility Rule ,
Statute of Repose ,
Tax Deductions ,
Tax Reform ,
User Fees
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
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 Oct. 15, 2017, California Gov. Jerry Brown signed Senate Bill 396 into law, expanding the scope of mandatory sexual harassment training employers must provide to their supervisory employees. Currently, California’s Fair...more
Last month the Department of Fair Employment and Housing (DFEH) announced the release of a new guide for California employers on the steps they should take to prevent and correct workplace harassment...more
Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC -
CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) -
The EEOC filed suit against CRST (a trucking company) alleging...more
7/14/2016
/ Appeals ,
Apple ,
Arbitrary and Capricious ,
Attorney's Fees ,
Attorney-Client Privilege ,
Cartwright Act ,
Computer Fraud and Abuse Act (CFAA) ,
Constructive Discharge ,
Criminal Prosecution ,
Department of Labor (DOL) ,
Disability Discrimination ,
Economic Espionage Act ,
EEOC v CRST Van Expedited ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Former Employee ,
Green v Brennan ,
Hiring & Firing ,
Judgment on the Merits ,
Lay-Offs ,
Misappropriation ,
Motions to Quash ,
Navarro v Encino Motorcars ,
Outside Counsel ,
Over-Time ,
Passwords ,
Permanent Injunctions ,
Personal Jurisdiction ,
Prevailing Party ,
Race Discrimination ,
Resignation ,
Restraining Orders ,
Reversal ,
SCOTUS ,
Service Advisors ,
Sex Discrimination ,
Sexual Harassment ,
Sherman Act ,
Statute of Limitations ,
Termination ,
Time Warner ,
Title VII ,
Tortious Interference ,
Trade Secrets ,
Unauthorized Access ,
Unpaid Overtime ,
Unpaid Wages ,
US v Nosal ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Violence
Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim -
Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) -
Luis...more
5/11/2016
/ Americans with Disabilities Act (ADA) ,
Association Discrimination ,
CA Supreme Court ,
Class Action ,
Conciliation ,
Disability Discrimination ,
Doffing ,
Donning ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
Farmers Insurance ,
FEHA ,
Hostile Environment ,
Judicial Review ,
Mach Mining v EEOC ,
Medical Leave ,
Misclassification ,
Motion to Dismiss ,
Prevailing Party ,
Qui Tam ,
Raytheon ,
Reasonable Accommodation ,
Retaliation ,
SCOTUS ,
Seating ,
Sexual Harassment ,
Statistical Sampling ,
Subject Matter Jurisdiction ,
Suitable Seats Lawsuits ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
Wage and Hour ,
Whistleblowers ,
Wrongful Termination
Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" -
Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) -
Michaelin Higgins-Williams worked as a clinical...more
7/17/2015
/ Anti-SLAPP ,
Appeals ,
Bad Faith ,
Choice-of-Law ,
Class Action ,
Class Certification ,
Convictions ,
Costco ,
Department of Corrections ,
Disability Discrimination ,
Discovery ,
Disparate Treatment ,
EEOC v Abercrombie ,
Elonis v US ,
Employee Privacy Rights ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Facebook ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
FBI ,
First Amendment ,
First-to-File ,
Forum Selection ,
Gender Discrimination ,
Good Faith ,
Hiring & Firing ,
In Forma Pauperis ,
Independent Contractors ,
Internships ,
Labor Code ,
Labor Commissioners ,
Leave of Absence ,
Lost Wages ,
Malicious Prosecution ,
Marshalls ,
Misappropriation ,
Misclassification ,
Motion for Summary Judgment ,
Petition for Writ of Mandate ,
Private Attorneys General Act (PAGA) ,
Private Right of Action ,
Protective Orders ,
Putative Class Actions ,
Qui Tam ,
Reasonable Accommodation ,
Religious Discrimination ,
Remand ,
SCOTUS ,
Sex Discrimination ,
Sexual Abuse ,
Sexual Harassment ,
Statute of Limitations ,
Statutory Rights ,
Tax Liability ,
Title VII ,
Trade Secrets ,
Unemployment Benefits ,
Unions ,
Unpaid Interns ,
Wage and Hour ,
Withholding Tax ,
Work-Induced Stress ,
Wrongful Termination
Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from...more
1/21/2015
/ Adverse Employment Action ,
Attorney's Fees ,
Employer Liability Issues ,
Intentional Infliction of Emotional Distress ,
Mining ,
Punitive Damages ,
Rare Earth Metals ,
Retaliation ,
Sexual Harassment ,
Termination ,
Title VII
$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award -
State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc).
Angela Aguilar who worked in a copper mine...more
1/14/2015
/ Bribery ,
Constructive Discharge ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Intentional Infliction of Emotional Distress ,
Mining ,
Promissory Notes ,
Punitive Damages ,
Rest and Meal Break ,
School Districts ,
Security Checks ,
Severance Pay ,
Sexual Harassment ,
Wage and Hour ,
Whistleblowers ,
Wrongful Termination
Franchisor Is Not Liable For Franchisee's Alleged Sexual Harassment Of Its Employee -
Patterson v. Domino's Pizza, LLC, 2014 WL 4236175 (Cal. S. Ct. 2014) -
Taylor Patterson was hired by Sui Juris (a franchisee...more
"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit -
Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014)
Vicente Salas worked on Sierra Chemical's production...more
7/15/2014
/ Adverse Employment Action ,
Age Discrimination ,
Anti-SLAPP ,
Car Accident ,
Class Action ,
Disability ,
Disability Discrimination ,
Discrimination ,
Disparate Impact ,
Employer Liability Issues ,
Independent Contractors ,
Just Compensation ,
Misclassification ,
Non-Resident Aliens ,
Popular ,
Right to Work ,
Sex Discrimination ,
Sexual Harassment ,
Statistical Sampling ,
US Bank ,
Wage and Hour ,
Workers' Compensation Defense
Male Employee's Sexual Harassment Claims Should Not Have Been Dismissed -
Lewis v. City of Benecia, 224 Cal. App. 4th 1519 (2014).
Brian Lewis, a heterosexual man, sued his former employer (the City of Benecia)...more
5/14/2014
/ Age Discrimination ,
Class Certification ,
Employee Rights ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
FICA Taxes ,
Fitness for Duty Exams ,
Hiring & Firing ,
Public Employees ,
Putative Class Actions ,
Sarbanes-Oxley ,
Severance Pay ,
Sexual Harassment
Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to other humiliating and harassing...more
$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed -
Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014)
Max Taylor worked as a floorhand on an oil rig where he alleged he was...more