On September 9, 2014, California Governor Jerry Brown signed A.B. 1443, which extends the state’s anti-harassment and anti-discrimination protections to unpaid interns.
Employers are now prohibited from discrimination based on protected characteristics in the “selection, termination, training or other terms” of unpaid interns. A.B. 1443 also prohibits harassment of unpaid interns based on protected characteristics, and it makes employers liable for sexual harassment of…
Yau v. Santa Margarita Ford, Inc., 2014 WL 4198060 (Cal. Ct. App. 2014)
Eddie Yau, a service manager for Santa Margarita Ford, alleged he was terminated after complaining to his general manager and the owner of the Ford dealership that fraudulent warranty repair claims were being submitted to Ford. Yau alleged that his termination implicated state statutes proscribing theft and fraud. The trial court…
Avila v. Los Angeles Police Dep’t, 2014 WL 3361123 (9th Cir. 2014)
Leonard Avila, a police officer with the Los Angeles Police Department, periodically worked through his lunch breaks and did not claim overtime. After Avila testified in a lawsuit brought by another officer who sought overtime under the Fair Labor Standards Act (FLSA), Avila was ordered to appear before the LAPD…
Lewis v. City of Benicia, 224 Cal. App. 4th 1519 (2014)
Brian Lewis, a heterosexual man, sued his former employer (the City of Benecia) and two former male supervisors for sexual harassment and the City for retaliation. The trial court granted summary judgment in favor of the supervisors (Steve Hickman and Rick Lantrip) and judgment on the pleadings for the City. A jury found …
Lawson v. FMR LLC, 571 U.S. ___, 134 S. Ct. 1158 (2014)
Plaintiffs in this case are former employees of private companies that contract to advise or manage mutual funds (collectively, “FMR”). Both plaintiffs allege that they “blew the whistle” on putative fraud relating to the mutual funds and as a result suffered retaliation from FMR. Plaintiffs filed suit in federal court alleging violations…
$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed
Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014)
Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to other humiliating and harassing conduct, including simulated masturbation…
On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll v. Superior Court (Spencer). The following addresses the basis for that ruling and its implications.
Background
Radiologist Scott Driscoll worked for physician Todd Spencer and his medical practice, the Todd…
On October 12, 2013, California Governor Jerry Brown signed into law SB 496, which, along with two other new laws (SB 666 and AB 263), expands protections for whistleblowers in California by significantly altering California Labor Code Section 1102.5, California’s general whistleblower statute. The amendments are effective January 1, 2014.
Before it was amended, Section 1102.5 already prohibited employers from retaliating against…
Minimum Wage Increased to $10.00 Per Hour By 2016
The minimum wage will increase in California from $8.00 to $9.00 per hour on July 1, 2014 and to $10.00 per hour on January 1, 2016 (AB 10).
Employer Recovery of Attorney’s Fees Is Further Restricted
California has amended Cal. Lab. Code § 218.5 to limit the circumstances under which an employer may recover…
Univ. of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. ___, 2013 U.S. LEXIS 4704 (Jun. 24, 2013)
The Supreme Court ruled that a plaintiff asserting retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”) must prove that the retaliation was the “but for” cause of the employer’s adverse action. In a five-to-four decision, the Court rejected the lower court’s…
Proskauer and our platform provider LexBlog each use cookies to personalize content and ads, to provide social media features and to analyze traffic. Each of us also share information about your use of our site with our social media, advertising and analytics partners. If you are happy for us to store these cookies on your device please click ‘Accept Cookies.' For more information, please see here and here.
