Category: Employment Litigation

  • “Explosive” entertainment litigation dispute truly packs a punch

    The below-described entertainment litigation imbroglio has a close and obvious nexus to Los Angeles, given the film industry’s central association with the city, which is flatly unparalleled elsewhere. By happenstance, though, the venue that most formally features in a tale involving multiple allegations of wrongdoing and claims for damages that are well in excess of $100…

  • Heightened workplace focus: gender-based pay equality

    This is hopefully a question that even an adolescent can sensibly answer: If mom and dad are at work and doing exactly the same job, should they be paid the same amount of money? Truth be told, they aren’t, at least not in any collective sense. One provider of online human resources-related news states that,…

  • Fired employee responds with federal discrimination claim

    They fired him, so he fired back. An ex-employee of the mass grocery retailer Kroger working at the company’s Oregon headquarters stated that he would have been pleased to comply with his employer’s request to avoid bicycling through the lobby of the corporate offices each day. Unfortunately, though, he couldn’t alter his customary practice, entering…

  • California’s recreational pot use: some questions, considerations

    As noted in a recent Los Angeles Times article, “Recreational use of marijuana is now legal in California.” Done deal, right? The recent enactment of state law permitting recreational pot use must certainly put an end to any ancillary questions and concerns that have long persisted with users’ consumption in the state. Well, not exactly.…

  • A rare ruling on the enforceability of arbitration clauses

    For businesses, arbitration represents an efficient and cost-effective means to resolve employment-related disputes outside of the courtroom. Rulings are final and binding with limited grounds for review or appeals. Final decisions are rarely made public, unlike court rulings. Many judges see arbitration as a process that provides relief to their overloaded dockets. However, one judge…

  • Major bank’s litigation, public-relations woes continue into 2017

    This is likely not the way that national banking conglomerate Wells Fargo wanted to ring in the New Year. In lieu of positive business tidings and reassurances of an upbeat 2017, what the company received recently was even more bad news surrounding its business policies and practices, following upon last year’s bombshell stories regarding hard-sale…

  • Chick-fil-A accused of violating Americans with Disabilities Act

    Chick-fil-A, a popular fast food chain with franchises ranging across the U.S. from California to the East Coast, is facing allegations of employment discrimination against disabled job applicants. A 25-year-old autistic man is suing both his local Chick-fil-A restaurant and its parent company Chick-fil-A Inc. for claims that they violated the Americans with Disabilities Act.…

  • Recent Decisions by the SEC: Confidentiality Agreements

    At the end of 2016, the Securities and Exchange Commission announced that it paid more than $20 million to a whistleblower who helped the SEC find fraud within a company where this person was employed. This was only the most recent award in a long and impressive track record that totals over $100 million that…

  • 2017 labor law change affects many California agreements

    When a legal commentator refers in a recent article to something that “every employer [in California] should know,” she is referencing a new statutory enactment that took legal effect from the first of the year. Specifically, that is section 925 of the California Labor Code, which rolls out a new provision applicable to choice-of-law and forum…

  • Ban the Box- Los Angeles’ New Job Requirements

    The “ban the box ” campaign is a national push to prohibit employers from asking prospective employees about their criminal records during the early stages of the hiring process.  Twelve states, as well as 70 cities and counties, have implemented “ban the box” legislation. California joined these states in late 2013 with AB 218. Under AB…

  • U.S. Department of Labor addresses employment retaliation

    Two ranking members of the U.S. Department of Labor recently discussed workplace retaliation against employees who file wage-related complaints, sending this strong and unequivocal message to employers in California and elsewhere across the country: Don’t do it. In fact, don’t even entertain the thought, say the writers, because employer retaliation in the realm of wage-and-hour matters is…

  • Non-compete agreements: striking a fair balance

    Say that you’re a high-ranking executive in a cutting-edge department of a profitable enterprise, tasked with developing new products and processes and, concomitantly, safeguarding your employer’s vitally important trade secrets. Should you be able to just terminate your employment and walk across the street to a business rival and fully apply all your talents and…

  • Documentation is vitally important in a job termination case

    Whatever side of the matter you’re on in a job termination case (whether you play a role on behalf of a company dismissing a worker or, alternatively, you are that worker), you will automatically look for evidence that documents and sets forth in a detailed manner the stated reasons to support a firing. These days,…

  • Employee versus independent contractor: sometimes a slippery slope

    State and federal employment officials and regulators often take pains to walk a very fine line when discussing the use of contracted-for labor by companies across the country. On the one hand, they appear to acknowledge and support the need for an at-the-ready independent contractor pool, knowing that it lends flexibility to business managers, keeps…

  • Both employers and workers might have some questions re this law

    The legislation referenced above in today’s blog headline is formally entitled the Fair Pay and Safe Workplaces Executive Order. As noted from its name, the law comes in the form of an executive proclamation issued by President Obama, with such rules and orders bypassing the more typical route for the passage of federal laws that…

  • Judge to Uber in employment matter: back to the bargaining table

    What one national media outlet refers to as Uber’s “freelance labor model” generally works quite well for the company, obviously, given the online transportation entity’s estimated worth of as much as $68 billion. At its core, that model regards company workers — that is, the hundreds of thousands of Uber drivers — as independent contractors.…

  • Cautionary tale: on-the-job pregnancy discrimination

    A recently concluded workplace discrimination case serves as a virtual primer to employers in California and nationally regarding how not to interact with pregnant employees at the workplace. For starters, don’t treat them differently from other workers in a manner that even remotely signals harassing behavior. This would quality as such conduct: demanding that a…

  • Looking at the at-will employment presumption

    While most people would like to think that they have the ability to remain at a job as long as they like and leave whenever something better comes along, this is actually not the reality for many. Though some people have agreements with their employer that provide them some protections from termination, the presumption is…

  • Understanding California’s Paid Sick Leave

    In the year since California lawmakers approved a new paid sick leave law, legislators and state authorities have spent a lot of time trying to explain what the Healthy Workplaces, Healthy Families Act means to employees and employers. The confusion prompted Gov. Jerry Brown to sign another measure to amend the law to provide further…

  • The California employer/worker relationship: ever fluid, complex

    You need me, and I need you. In a nutshell, and in fundamental terms, that preceding sentence just about sums up the essentials of the important employer/employee relationship in California. And given its reality and symbiotic nature, one might reasonably think that relations between managers and workers across the state are routinely informed by fair…