Ever since the enactment of the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) in 2022, the plaintiffs’ bar has made it Job One to insert often implausible claims of sexual harassment into all manner of disparate employment cases (having nothing whatsoever to do with sexual harassment) in an often successful effort to avoid arbitration. (The EFAA permits a person alleging
In Kruitbosch v. Bakersfield Recovery Services, Inc., the California Court of Appeal—for the first time—addressed the issue of employer liability for harassment by a non-supervisory co-worker during non-working hours and off-premises conduct.
A coworker (Lisa Sanders) of plaintiff Steven Kruitbosch allegedly subjected him to crude sexual advances at his home and via his personal cell phone away from the premises of their employer, Bakersfield
As we have previously reported here and here, “nuclear” verdicts from California juries in employment discrimination and harassment cases have become increasingly common over the past few years. Although these massive verdicts garner a lot of attention, they are only part of the story after the verdict comes in.
For many successful plaintiffs, the journey to collect these awards is fraught with numerous delays
Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023)
Stephanie Beltran, a server at the Hard Rock Hotel in Palm Springs, alleged she had been sexually harassed by Juan Rivera, the former General Manager of the hotel. Beltran reported to Human Resources that Rivera had “grabbed or slapped her ass.” Beltran also testified in her deposition about “multiple incidents
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
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:
An anonymous employee sued her former employer and former manager, alleging multiple instances of sexual harassment and assault. The former employer successfully compelled the case to arbitration. The deadline for the employer to pay the arbitration fees pursuant to Cal. Code Civ. Proc. § 1281.98(a)(1) was October 3, 2022, but the arbitrator did not
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, heterosexual and cisgender male.” The trial court granted the
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