We invite you to review our newly-posted May 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Court Properly Dismissed Lawsuit Of Employee Who Failed To Exhaust Administrative Remedies
Kuigoua v. Department of Veteran Affairs, 101 Cal. App. 5th 499 (2024)
Arno Kuigoua, who worked as a registered nurse for the Department of Veteran Affairs, alleged in the complaint he filed with the EEOC and the California Department of Fair Employment and Housing (the “DFEH”) that he was discriminated against on the basis of his sex (male). He also alleged retaliation for reporting the
November 2023 California Employment Law Notes
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:
- Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims
- Disability Discrimination Claim Was Properly Dismissed On Summary Judgment
- Employee’s Attorney’s “Pervasive Incivility” Justified $460,000 Reduction In Fees
- Employees Were Properly Awarded $7.2 Million
Lawyer-Investigators Recover Attorneys’ Fees Following Successful Anti-SLAPP Motion
Ross v. Seyfarth Shaw LLP, 96 Cal. App. 5th 722 (2023)
Plaintiff Natalie Operstein was a professor of linguistics at California State University, Fullerton, and plaintiff Craig Ross is her husband. In 2014, the university hired a law firm to investigate multiple accusations Operstein raised to her superiors about three of Operstein’s colleagues. Defendant Colleen Regan, then a partner at the law firm, led
Statute Prohibits Employer Retaliation For Report Of Unlawful Activity Even If It’s Already Known To Employer
People ex rel. Garcia-Brower v. Kolla’s, Inc., 14 Cal. 5th 719 (2023)
The California Supreme Court has held that an employee who makes a whistleblower complaint to his or her employer may bring a retaliation claim under the whistleblower statute (Cal. Lab. Code § 1102.5(b)) even if the subject of the complaint was already known to the employer. The employee, who worked as
March 2019 California Employment Law Notes
We invite you to review our newly-posted March 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right;
- Former Accountant Could Proceed With Whistleblower Lawsuit;
- Employer Violated FCRA With Improper Background Check Notice;
- Fruit Growers May Have Been Joint
Fruit Growers May Have Been Joint Employers Of Thai Workers For Purposes Of Title VII
EEOC v. Global Horizons, Inc., 915 F.3d 631 (9th Cir. 2019)
The Washington state fruit growers in this case experienced labor shortages and as a result entered into agreements with Global Horizons (a labor contractor) to obtain temporary workers from Thailand to work in their orchards under the H-2A guest worker program. After two of the Thai workers filed discrimination charges with the
House Passes Appropriation Bill That Limits EEOC’s Implementation of Stringent Enforcement Guidelines Regarding Criminal Screening Policies
The EEOC’s recent enforcement guidance regarding employers’ use of criminal histories in employment decisions (the “Guidance”) appears to have one more foe: the U.S. House of Representatives. On May 10, 2012, the House passed an appropriation bill that would prohibit the use of EEOC funds for implementing, administering, or enforcing the Guidance. This prohibition echoes the criticism from the business community among others that
EEOC Issues Final Rules on Age Discrimination Defense
On March 29, 2012, the Equal Employment Opportunity Commission (“EEOC”) issued its final rule to amend its Age Discrimination in Employment Act (“ADEA”) regulations concerning disparate-impact claims and the reasonable factors other than age (“RFOA”) defense.
Teacher/Minister’s Disability Discrimination Claim Is Barred By The First Amendment
Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. ___, 132 S. Ct. 680 (2012)
Cheryl Perich was a “called” teacher for the church and also had the formal title of “Minister of Religion, Commissioned.” After Perich developed narcolepsy, the church replaced her with a lay teacher and eventually terminated her employment for “insubordination and disruptive behavior.” Perich filed a claim with the