An astronomical $137 million jury verdict against Tesla has again been reduced, for a second (and potentially final) time. Last Monday, following a five-day trial on damages, a federal court jury awarded Owen Diaz, a former Tesla elevator operator, $175,000 in emotional distress damages and $3 million in punitive damages, totaling nearly $3.2 million—almost $134 million shy of the award he originally obtained in 2021.
Harassment
March 2023 California Employment Law Notes
We invite you to review our newly-posted March 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- No Claim By Employee Who Was Friends With Alleged Harasser
- Pregnancy Discrimination Lawsuit Was Properly Dismissed
- Employer That Failed To Layoff Employee Before She Became Disabled May Have Discriminated
- Court Compels Individual But Not
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Pregnancy Discrimination Lawsuit Was Properly Dismissed
Lopez v. La Casa de Las Madres, 2023 WL 2534998 (Cal. Ct. App. 2023)
Gabriela Lopez worked as shelter manager for a non-profit organization that provides services to women and children who are victims of domestic violence. In September 2016, Lopez gave birth to a child; by December 17, 2016, Lopez had received the full four months of pregnancy-disability leave required by statute, including…
No Sexual Harassment Claim Between Friends
Under California’s Fair Employment and Housing Act (“FEHA”), employers generally are strictly liable for a supervisor’s harassment, even where the employer is unaware of the supervisor’s alleged bad actions. While this left many employers without much recourse in the event supervisors misbehaved, a recently published Court of Appeal decision offers some hope. In Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App.
California Mandatory Postings and Pamphlets – What’s New for 2023
California employers are required to post several notices and distribute various pamphlets informing employees of their employment rights. Effective January 1, 2023, eight (8) out of eighteen (18) of these required notices will be updated. The eight (8) notices that will be updated are the following:
1. California Minimum Wage;
2. Family Care and Medical Leave and Pregnancy Disability Leave;
3. Your Rights and Obligations…
November 2022 California Employment Law Notes
We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Equal Pay Act Claim Should Not Have Been Dismissed
- Whistleblower Claim Should Not Have Been Dismissed In Part
- School District Employee May Have Been Discriminated Against On The Basis Of A Disability
- Offer To
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Equal Pay Act Claim Should Not Have Been Dismissed
Allen v. Staples, Inc., 84 Cal. App. 5th 188 (2022)
Joyce Allen worked at Staples as a field sales director (FSD) reporting to area sales vice president Bruce Trahey; FSD Charles R. Narlock also reported to Trahey. As part of a corporate reorganization in February 2019, Trahey informed Allen and several other FSDs of his decision to eliminate their positions and terminate their employment. …
Judge Reduces $137 Million Race Harassment Verdict Against Tesla to $15 Million
A federal court judge pared down last year’s jaw-dropping $137 million damages award against Tesla in a racial bias lawsuit. As covered previously here, a San Francisco federal court jury awarded $6.9 million in emotional distress damages and $130 million in punitive damages to a Black former elevator operator who worked at Tesla’s Fremont facility for approximately one year before quitting his employment in…
House Passes Bill Barring “Mandatory Arbitration” in Sexual Assault and Harassment Cases
On February 7, 2022, in a 335-97 vote, the U.S. House of Representatives passed a bipartisan bill (“Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act”), which would prohibit “mandatory arbitration” in sexual assault and harassment cases arising or accruing on or after the date of enactment. This bill also invalidates joint, class, or collective action waivers pertaining to sexual assault and harassment claims. …
January 2022 California Employment Law Notes
We invite you to review our newly-posted January 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Manicurist Can Proceed With Hostile Work Environment Claim
- “Volunteers for Nonprofits Are Not Employees” – Court Affirms Order In Favor Of The American Film Institute
- Nurse’s Discrimination Claims Against Hospital Were Properly Dismissed
- Security
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