California Employment Law Update

Category Archives: Age discrimination

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November 2023 California Employment Law Notes

By Tony Oncidi on Posted in #MeToo, Age discrimination, Anti-SLAPP, appeal, appellate court, Arbitration, Arbitration Agreements, Arbitration provision, Attorney's Fees, base compensation, Breach of Contract, California Code of Civil Procedure, California Labor & Employment Law, California Labor Code, claim, Class Action, Class Actions, compensation, complaint, Coronavirus, Court of Appeal, Court of Appeals, COVID-19, deadline, Defamation, Discrimination, Diversity and Inclusion, EEOC, employee, Employee Benefits, employer, employer misconduct, employment, Employment Policies, Federal Jurisdiction, FEHA, Gender discrimination, Gender Identity, Harassment, increased compensation, judgment, Labor Code violations, Meal Periods and Rest Breaks, misconduct, PAGA, Retaliation, serious and willful misconduct, Sexual Harassment, Sexual orientation discrimination, Trade Secrets, Verdict, Wage and Hour, Wage Statements, Workers Compensation
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 … Continue Reading

Disability Discrimination Claim Was Properly Dismissed On Summary Judgment

By Tony Oncidi on Posted in Age discrimination, appeal, appellate court, claim, complaint, Court of Appeal, Discrimination, Diversity and Inclusion, employee, employer, Gender discrimination, Gender Identity, Harassment, Sexual orientation discrimination, Wrongful Termination
Martin v. Board of Trustees of the Cal. State Univ., 2023 WL 7537694 (Cal. Ct. App. 2023) Following the termination of his employment as director of university communications at CSUN’s Marketing and Communications Department, Jorge Martin sued the university for race, gender and sexual orientation harassment and discrimination because he is a “middle-aged, light-skinned Mexican-American, … Continue Reading

Arbitrator Correctly Enforced Release Agreement Executed By Employee

By Tony Oncidi on Posted in Age discrimination, Discrimination, FEHA, Release Agreements, Uncategorized, Wrongful Termination
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 … Continue Reading

May 2023 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, California Labor & Employment Law, Computer and Internet Use, Day Laborers, Discrimination, Employee Benefits, Employment Contracts, Employment Law Notes, Employment Policies, Independent Contractors, Privacy, Religion
We invite you to review our newly-posted May 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception” Users May Have Privacy Interest In Emails Sent Over Company Network Absent Express … Continue Reading

Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception”

By Tony Oncidi on Posted in Age discrimination, California Labor & Employment Law, Discrimination, Employment Law Notes, Religion, Uncategorized
Atkins v. St. Cecilia Catholic Sch., 2023 WL 3142316 (Cal. Ct. App. 2023) Frances Atkins was a long-term employee of St. Cecilia Catholic School, and in her final year with the school, she worked part-time as an art teacher and office administrator.  Following the termination of her employment, Atkins sued the school for age discrimination in … Continue Reading

AI is Here and So Are the New AI Rules for Employers

By Tony Oncidi and Sehreen Ladak on Posted in Age discrimination, Biden Administration Coverage, California Labor & Employment Law, Computer and Internet Use, Discrimination, Employment Applications, Employment Policies, FEHA, Gender discrimination, Hiring, New and Proposed Laws and Legislation, Pay equity, Reasonable Accommodation, Reporting Requirements, Retaliation
California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act.  Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331 would control the use of machine-based systems in making “consequential” employment decisions such as compensation, promotions, hiring, termination, and automated task allocations. … Continue Reading

January 2023 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, Anti-SLAPP, Bonus Compensation, Breach of Contract, Defamation, Discrimination, Employment Law Notes, Hiring, Independent Contractors, Jurisdiction, Meal Periods and Rest Breaks, Minimum Wage, Overtime, PAGA, Payroll, Wage Statements, Wrongful Termination
We invite you to review our newly-posted January 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus Family Court May Order Employer To Provide Determination Of Arrearages Owed In Spousal … Continue Reading

Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus

By Tony Oncidi on Posted in Age discrimination, Discrimination, Wrongful Termination
Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023) Joan Opara was terminated from her employment as an IRS revenue officer after the IRS determined she had committed several “UNAX offenses” (i.e., incidents of unauthorized access of taxpayer data). Following her termination, Opara sued the Treasury Secretary, alleging she was terminated in violation of the … Continue Reading

March 2022 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, Breach of Contract, California Labor & Employment Law, California Labor Code, Class Actions, Coronavirus, COVID-19, Discrimination, Employment Law Notes, Gender discrimination, Hiring, Meal Periods and Rest Breaks, Minimum Wage, Overtime, PAGA, Public Employment, Reasonable Accommodation, Retaliation, Settlement, U.S. Department of Labor, U.S. Supreme Court, Unfair Competition, Wage and Hour, Whistleblowers, Workplace Safety
We invite you to review our newly-posted March 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: California Relaxes Standard For Proving Whistleblower Claims At-Will Employee Can Proceed With Labor Code § 970 Claim Doctor Proved Age/Race/Gender Discrimination Former Owner of Company Is … Continue Reading

Doctor Proved Age/Race/Gender Discrimination

By Tony Oncidi on Posted in Age discrimination, California Labor & Employment Law, Discrimination, Gender discrimination, Hiring, Public Employment
Department of Corr. & Rehab. v. State Pers. Bd., 2022 WL 354657 (Cal. Ct. App. 2022) Vickie Mabry-Height, M.D., sued the Department of Corrections and Rehabilitation, alleging discrimination on the basis of age, race and gender in violation of the California Fair Employment and Housing Act (FEHA). The State Personnel Board sustained Dr. Mabry-Height’s complaint … Continue Reading

November 2021 California Employment Law Notes

By Tony Oncidi on Posted in ABC Test, Age discrimination, Arbitration Agreements, Attorney's Fees, Bonus Compensation, Breach of Contract, California Labor & Employment Law, California Labor Code, Class Actions, FLSA, Independent Contractors, Joint Employer, Jury verdicts, Meal Periods and Rest Breaks, Overtime, PAGA, Trade Secrets, Unfair Competition, Wage and Hour, Wrongful Termination
We invite you to review our newly-posted November 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Ninth Circuit Resurrects California’s Anti-Arbitration Statute In-House Counsel’s Claim For Breach Of Oral Promise Of Contingency Fee Was Barred By Statute Employee Can Proceed With … Continue Reading

Employee Can Proceed With Age Discrimination Lawsuit Against LMU

By Tony Oncidi on Posted in Age discrimination, Gender discrimination
Jorgensen v. Loyola Marymount Univ., 68 Cal. App. 5th 882 (2021) Linda Jorgensen sued Loyola Marymount University for retaliation and age and gender discrimination.  In opposition to LMU’s summary judgment motion, Jorgensen provided a declaration from a former employee (Carolyn Bauer) who swore that Johana Hernandez (the assistant dean) told Bauer that she “wanted someone younger” … Continue Reading

September 2021 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, Anti-SLAPP, Bonus Compensation, California Labor & Employment Law, California Labor Code, Class Actions, Discrimination, FEHA, FLSA, Insurance, Jurisdiction, Meal Periods and Rest Breaks, Minimum Wage, Non-Competition Covenants, PAGA, Retaliation, Settlement, Sherman Antitrust Act, Title VII, Whistleblowers, Workers Compensation, Workplace Safety
We invite you to review our newly-posted September 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee $3.5 Million Emotional Distress Award Was “Shockingly Disproportionate” To Evidence Of Harm … Continue Reading

January 2021 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, Breach of Contract, Class Actions, Disability, EEOC, FMLA, Meal Periods and Rest Breaks, Minimum Wage, Overtime, PAGA, Payroll, Pro Hac Vice, Reasonable Accommodation, Sexual Harassment, Title VII, Wage and Hour
We invite you to review our newly-posted January 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim Laid-Off Employee Was Not Discriminated Against On The Basis Of Age … Continue Reading

Laid-Off Employee Was Not Discriminated Against On The Basis Of Age

By Tony Oncidi on Posted in Age discrimination, EEOC
Foroudi v. The Aerospace Corp., 57 Cal. App. 5th 992 (2020) The Aerospace Corporation hired David Foroudi as a senior project engineer when he was 55 years old. Several years later, Foroudi was among the lowest-ranked employees based upon his managers’ assessment of his deficiencies in interpersonal communication skills and limited background in navigation relating … Continue Reading

September 2020 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, Attorney's Fees, California Labor & Employment Law, Class Actions, Defamation, Discrimination, Independent Contractors, Meal Periods and Rest Breaks, PAGA, Sexual Harassment, Tortious interference with contract, Wrongful Termination
We invite you to review our newly-posted September 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Entitled To $17.2 Million For Wrongful Termination/Defamation “Continuing Violation” Theory Saves Employee’s Sexual Harassment Claim Tortious Interference With At-Will Contract Requires Independently Wrongful Act … Continue Reading

Court Affirms Dismissal of Medical Assistant’s Discrimination Lawsuit

By Tony Oncidi on Posted in Age discrimination, Discrimination
Arnold v. Dignity Health, 53 Cal. App. 5th 412 (2020) Virginia M. Arnold worked as a medical assistant at Dignity Health before her employment was terminated for, among other things, failure to safeguard a patient’s personal health information (a HIPAA violation); display of inappropriate materials in the workplace (a picture of a bare-chested male model); … Continue Reading

$13M UCLA Case Exposes Calif. Employment Litigation Flaws

By Tony Oncidi on Posted in Age discrimination, California Labor & Employment Law, Gender discrimination, Jury verdicts
In Pinter-Brown v. Regents of the University of California,[1] the California Court of Appeal’s Second Appellate District recently reversed a blockbuster $13 million judgment that was entered against UCLA in favor of one of its former professors of medicine, Dr. Lauren Pinter-Brown. Pinter-Brown went to trial against University of California, Los Angeles, on claims of … Continue Reading

“OK, Boomer!”: Not Okay In the Office

By Tony Oncidi, Cole Lewis and Philippe A. Lebel on Posted in Age discrimination, California Labor & Employment Law
As recently highlighted by the New York Times, a new phrase emblematic of the real or perceived “War Between the Generations” has gone viral: “OK, Boomer!”  The phrase, popularized on the Internet and, in particular, Twitter by Generation Z and Millennials, has been used to dismiss baby boomers’ thoughts and opinions, sometimes viewed by younger … Continue Reading

Los Angeles Jury Awards $15.4 Million To Former LA Times Columnist

By Tony Oncidi on Posted in ADA, ADEA, Age discrimination, California Labor & Employment Law, Constructive Discharge, FEHA, Jury verdicts, Verdict
  Employers all over California are once again hearing the siren call of arbitration in the wake of a $15.4 million single-plaintiff verdict that a Los Angeles jury delivered to a former Los Angeles Times sports columnist on Monday.  T.J. Simers sued the paper for age and disability discrimination.  Simers quit his job in 2013 … Continue Reading

Another Day, Another $31 Million Employee Verdict From a Los Angeles Jury

By Tony Oncidi on Posted in Age discrimination, Arbitration Agreements, California Labor & Employment Law, Discrimination, Jury verdicts, Verdict, Wrongful Termination
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 retaliation.  Codie Rael, who worked as a materials buyer for a dental supply company, claimed that she … Continue Reading

Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Unconstitutional!

By Tony Oncidi on Posted in Age discrimination, California Labor & Employment Law, New and Proposed Laws and Legislation
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 2016, was undoubtedly one of the best things to happen to Hollywood since the invention of BOTOX.  Now, however, a court has … Continue Reading
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