We invite you to review our newly-posted March 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
FEHA
Prevailing Employer May Only Recover Costs If FEHA Action Was “Objectively Frivolous”
Neeble-Diamond v. Hotel Cal. By the Sea, LLC, 99 Cal. App. 5th 551 (2024)
Amanda Neeble-Diamond sued her employer for violation of the Fair Employment and Housing Act (FEHA), but after a jury concluded she was an independent contractor rather than an employee, the trial court entered judgment in favor of the employer (Hotel California). Hotel California then filed a motion for attorney’s fees…
California State Senate Proposes “Intersectional” Approach to Overlapping Discrimination Claims
On February 14, 2024, California State Senator Lola Smallwood-Cuevas introduced Senate Bill 1137 (“SB 1137”), a bill that would make California the first state to specifically recognize the concept of “intersectionality.” Smallwood-Cuevas has stated that SB 1137 “makes it clear that discrimination not only happens based on one protected class, such as race, gender or age, but any combination thereof.”
Specifically, SB 1137 would amend…
Duck and Cover! Two New “Nuclear Verdicts” Put California Employers On Alert
The Los Angeles Superior Court has bestowed some remarkable gifts upon plaintiffs this holiday season. Two juries have issued gigantic verdicts in favor of individual plaintiffs in separate employment lawsuits within the past month.
On November 16, 2023, in Sosa v. Comerica Bank, a jury delivered a verdict of $14.17 million consisting of $1.17 million in lost earnings (past and future) and $13 million in emotional…
November 2023 California Employment Law Notes
We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims
- Disability Discrimination Claim Was Properly Dismissed On Summary Judgment
- Employee’s Attorney’s “Pervasive Incivility” Justified $460,000 Reduction In Fees
- Employees Were Properly Awarded $7.2 Million
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Employee’s Attorney’s “Pervasive Incivility” Justified $460,000 Reduction In Fees
Snoeck v. ExakTime Innovations, Inc., 2023 WL 7014096 (Cal. Ct. App. 2023)
Steve Snoeck prevailed at trial on one of his six claims against his former employer, ExakTime Innovations, and was awarded $1.14 million in attorney’s fees – an amount that the trial court reduced by a “0.4 negative multiplier” to account for Snoeck’s attorney’s “lack of civility throughout the entire course of this…
In a Surprise Move, California Enacts Boatload of New Pro-Employer Laws – Nah, Just Kidding, It’s Going to be More Burdensome than Ever!
In what has become an annual tradition, California – that fabled workers’ paradise on earth – has enacted a slew of new laws that, come January, may keep even the most hearty HR professionals up at night.
As we reported earlier this year (here), the California Chamber of Commerce initially identified 11 “Job Killer Bills” that were introduced early in the legislative session, but…
Business Entity Agents Of Employer Share Potential FEHA Liability
Raines v. U.S. Healthworks Med. Group, 2023 WL 5341067 (Cal. S. Ct. 2023)
The Ninth Circuit certified to the California Supreme Court the question of whether FEHA’s definition of “employer” extends to corporate agents of the employer such as a company that conducts preemployment medical screenings. In this putative class action, plaintiffs allege that their employment offers were conditioned upon their completion of pre-employment…
Arbitrator Correctly Enforced Release Agreement Executed By Employee
Castelo v. Xceed Fin. Credit Union, 91 Cal. App. 5th 777 (2023)
Elizabeth Castelo sued her former employer Xceed Financial Credit Union for wrongful termination and age discrimination in violation of FEHA. After the parties stipulated to binding arbitration, the arbitrator granted summary judgment to Xceed based on a release that Castelo signed after she was notified of the termination decision but before her…
California Expands FEHA Liability to Include “Institutional Agents” of Employers
California’s Fair Employment and Housing Act (FEHA) is already one of the most employee-friendly state civil rights laws in the country. Until now, it was not clear whether employees could sue not only their direct employers for discrimination and harassment, but also other independent businesses that work on behalf on their employers.
In Raines v. U.S. Healthworks Medical Group, the California Supreme Court ruled…