California Employment Law Update

Category Archives: Employee Discipline

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Employer May Have Discriminated Against Female Supervisor Based On Gender

Mayes v. WinCo Holdings, Inc., 846 F.3d 1274 (9th Cir. 2017) Katie Mayes worked at WinCo for 12 years in Idaho Falls, Idaho. During her last years at WinCo, she supervised employees on the night-shift freight crew. Mayes was fired for taking a stale cake from the store bakery to the break room to share … Continue Reading

Thou Shalt Not Bully – Employers Must Educate Supervisors about “Abusive Conduct”

California businesses that have 50 or more employees are already required to train supervisors on legally prohibited sexual harassment. Following California Governor Jerry Brown’s recent signing of A.B. 2053, that training must now also include education on preventing “abusive conduct” in the workplace, even if the conduct is not based on a protected characteristic nor … Continue Reading

California Moves to Reinstate Large Emotional Distress Damage Awards in “Mixed Motive” Cases

As regular readers of this blog know, it has been a busy summer for employment-related legislation in the California Legislature (see here and here). Yet of all the bills currently wending their way through the legislative process, none would affect California employment law more than Senate Bill 655. If enacted, SB 655 would modify the … Continue Reading

Swine Flu: Is Your Workplace Prepared?

As of this writing, the Centers for Disease Control and Prevention has confirmed 109 cases of the H1N1 virus, commonly known as swine flu, in the United States. The World Health Organization has confirmed 331 cases of swine flu worldwide and has raised the pandemic threat level to Phase 5 on its six-step scale (Phase … Continue Reading

Employee Who Was Convicted For Taking Bribes Could Be Kept Away From Employers’ Money

United States v. Betts, 511 F.3d 872 (9th Cir. 2007) Marcus Brandon Betts, who worked for TransUnion (one of the three major credit reporting agencies), took bribes to conspire with his co-defendants to falsely improve credit scores. According to the Ninth Circuit, “it was a kind of private sector ticket-fixing scheme.” Betts falsified 654 credit histories, … Continue Reading

Religious Hospital May Terminate Employee For “Preaching” To Others In The Workplace

Silo v. CHW Medical Found., 27 Cal. 4th 1097 (2002) Terence Silo worked as a file clerk for CHW, a medical clinic sponsored by three Roman Catholic congregations. Approximately 16 months after he started working for CHW, Silo experienced a “religious conversion” after which time he became an evangelical Christian. After a patient and several … Continue Reading
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