What legal changes has #MeToo brought to life? In his new monthly column for the Los Angeles Daily Journal, Anthony Oncidi delves into the latest legislation in California passed in response to the #MeToo movement. Read his analysis here: https://lnkd.in/dYN3CMf
On May 1, we reported on the California Supreme Court’s opinion in Dynamex Operations West, Inc. v. Superior Court, in which the Supreme Court set forth the standard for determining if a worker may properly be classified as an employee or independent contractor. See Cal. Employment Law Blog (May 1, 2018). An issue that the Court did not address is whether its opinion should
Meeks v. AutoZone, Inc., 2018 WL 3062555 (Cal. Ct. App. 2018)
Natasha Meeks worked as a store manager for AutoZone and claimed that she had been sexually harassed by Juan Fajardo, another store manager. Among other things, Meeks testified that Fajardo would comment on her body and clothes; ask her to go out with him; suggest that they have sex; send her text messages
Epic Sys. Corp. v. Lewis, 584 U.S. ___, 138 S. Ct. 1612 (2018)
The United States Supreme Court ruled that employers may require their employees to arbitrate disputes with the employer individually and waive their right to pursue or participate in a class or collective action against the employer. In a 5-4 ruling in favor of an employer’s right to include class action waivers
By Anthony J. Oncidi and Nayirie Kuyumjian
The California Chamber of Commerce has just identified a new raft of recently introduced “job killer” bills that have been proposed in the California Legislature.
This year’s list of 27 proposed laws includes measures that would impose additional penalties for an employer’s failure to pay wages; increase the personal income tax for the highest earners in California; ban
By Anthony J. Oncidi and Nayirie Kuyumjian
On Monday, the Ninth Circuit issued a significant opinion, Rizo v. Yovino, 2018 WL 1702982 (9th Cir. April 9, 2018), authored by the late “liberal lion” Judge Stephen Reinhardt, holding that an employer’s consideration of prior salary information cannot serve as a justification for sex-based wage differentials under the federal Equal Pay
Hurley v. California Dep’t of Parks & Recreation, 2018 WL 989506 (Cal. Ct. App. 2018)
Delane Hurley worked as a staff services analyst who sued her employer, the Department of Parks & Recreation (“DPR”), and her former supervisor Leda Seals for harassment based on sex and sexual orientation in violation of the Fair Employment and Housing Act (“FEHA”), invasion of privacy, violation of the
Digital Realty Trust, Inc. v. Somers, 583 U.S. ___, 2018 WL 987345 (2018)
Paul Somers alleged that his former employer Digital Realty terminated his employment after he reported to senior management suspected securities-law violations by the company. Somers neither alerted the Securities and Exchange Commission (“SEC”) of his concerns prior to his termination nor did he file an administrative complaint within 180 days of
California Gov. Jerry Brown has signed Senate Bill 63 into law, expanding parental leave protections to those individuals who work for employers with at least 20 employees. Under the new law, which is set to take effect on January 1, 2018, employers with at least 20 employees must allow an employee who has more than 12 months of service with the employer to take up
https://www.judicialhellholes.org/2016-2017/executive-summary/