Tag Archives: Equal Protection

May 2023 California Employment Law Notes

We invite you to review our newly-posted May 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception” Users May Have Privacy Interest In Emails Sent Over Company Network Absent Express … Continue Reading

Unions, Legislature Dealt Yet Another Blow in AB 5 Appeal

By Tony Oncidi on May 23, 2023 Posted in California Labor & Employment Law, Day Laborers, Employee Benefits, Employment Contracts, Employment Policies, Independent Contractors

Olson v. State of Cal., 62 F.4th 1206 (9th Cir. 2023) In the latest in a string of defeats for the State of California, a Ninth Circuit panel unanimously held that AB 5 (the anti-independent contractor law) may violate the equal protection rights of independent contractor drivers and the gig companies that retain them. The … Continue Reading

Cal. Ct. of App. Rules Two State Statutes Unconstitutionally Privilege Union Conduct in Labor Disputes

By David Gross on July 19, 2010 Posted in Union Issues

Today the California Court of Appeal struck down two state laws that had previously made it nearly impossible for California employers to obtain injunctive relief in labor disputes. In Ralphs Grocery v. UFCW, No. C060413 (Cal. Ct. App. July 19, 2010), the Court determined that Cal. Code of Civil Procedure section 527.3 (a/k/a the “Moscone … Continue Reading

City Violated Title VII By Discarding Results Of Test That Disparately Impacted Minorities

By Tony Oncidi on July 1, 2009 Posted in Affirmative Action, Discrimination, Employment Law Notes, Supreme Court

Ricci v. DeStefano, 557 U.S. 557, 129 S.Ct. 2658 (2009) One hundred eighteen firefighters took written examinations administered by the city of New Haven, Connecticut in order to qualify for promotion to the rank of lieutenant or captain. When the examination results showed that white candidates had outperformed minority candidates, the mayor and other local … Continue Reading

City Violated Title VII By Discarding Results Of Test That Disparately Impacted Minorities

By Tony Oncidi on July 1, 2009 Posted in Employment Law Notes, Title VII

Ricci v. DeStefano, 557 U.S. ___, 129 S. Ct. 2658 (2009) One hundred eighteen firefighters took written examinations administered by the city of New Haven, Connecticut in order to qualify for promotion to the rank of lieutenant or captain. When the examination results showed that white candidates had outperformed minority candidates, the mayor and other … Continue Reading