After one of the owners of Jon Davler, Inc. (Christina Yang) found a used sanitary napkin in the women’s bathroom and blood around the toilet seat, she started yelling at the employees that they were “dirty” and demanded to know which of them was on her menstrual period. When the employees…
California businesses that have 50 or more employees are already required to train supervisors on legally prohibited sexual harassment. Following California Governor Jerry Brown’s recent signing of A.B. 2053, that training must now also include education on preventing “abusive conduct” in the workplace, even if the conduct is not based on a protected characteristic nor constitutes legally prohibited discrimination or harassment.
As amended by…
Patterson v. Domino’s Pizza, LLC, 2014 WL 4236175 (Cal. S. Ct. 2014)
Taylor Patterson was hired by Sui Juris (a franchisee of Domino’s Pizza) to serve customers at its store. Patterson alleged that she was sexually harassed by Renee Miranda, an adult male who held the title of assistant manager of the Sui Juris store. In her complaint, Patterson alleged that she and Miranda …
Kim v. Konad USA Distribution, Inc., 226 Cal. App. 4th 1336 (2014)
Following a bench trial, Esther Kim was awarded $60,000 against her former employer (Konad) and her former boss (Dong Whang) for sexual harassment and wrongful termination. Curiously, defendants did not challenge the pleadings or file any pretrial motion to dispose of any part of the case prior to the commencement of trial,…
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 …
$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…
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…
Governor Brown signed Senate Bill 292 this week, amending the Fair Employment and Housing Act to allow an employee claiming sexual harassment to prevail without having to show that the allegedly harassing conduct was motivated by the harasser’s “sexual desire.” S.B. 292 was authored by Senate majority leader Ellen M. Corbett and principally sponsored by the California Employment Lawyers Association, an organization of attorneys that…
Aber v. Comstock, 212 Cal. App. 4th 931 (2013)
Lisa Aber sued her employer and two co-employees (Michael Comstock, Aber’s supervisor, and James Cioppa) for sexual harassment and sexual battery, among other things. Comstock filed a cross-complaint against Aber in which he alleged defamation and intentional infliction of emotional distress. In response to Comstock’s cross-complaint, Aber filed a special motion to strike under Code of…
Aber v. Comstock, 2012 WL 6863235 (Cal. Ct. App. Dec. 18, 2012)
Plaintiff Lisa Aber sued her employer and two of its employees, alleging that the employees had sexually assaulted her. Michael Comstock, one of the employee defendants, filed a cross-complaint against Aber, alleging claims for defamation and intentional infliction of emotional distress. Comstock alleged that Aber published false statements about him to four…
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