California Employment Law Update

Tag Archives: hostile work environment

July 2023 California Employment Law Notes

By Tony Oncidi on Posted in ABC Test, Cal. Lab. Code § 1102.5(b), California Division of Labor Standards Enforcement, California Labor & Employment Law, California Labor Code, California Labor Code Section 2810, California Supreme Court, Class Actions, Disability, Discrimination, Employment Law Notes, FAA, Immigration, Independent Contractors, PAGA, Retaliation, Title VII, U.S. Supreme Court, Wage and Hour, Wage Statements, Whistleblowers, Workplace Safety, Wrongful Termination
We invite you to review our newly-posted July 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Enforcement of PAGA Carve Out Suggests Need For New Revisions To Arbitration Agreements PAGA Debt Not Dischargeable in Bankruptcy Distributors Not Liable For Unpaid Wages Of … Continue Reading

Court Recognizes “Music As Harassment” While Rejecting “Equal Opportunity Harasser” Defense

By Tony Oncidi on Posted in California Labor & Employment Law, Harassment, Title VII
Sharp v. S&S Activewear, LLC, 69 F.4th 974 (9th Cir. 2023) Fed up with hearing “very offensive” songs like Eminem’s “Stan” and Too $hort’s “B*job Betty” on the job, Stephanie Sharp and several other employees (including one male) filed a hostile work environment claim against their employer under Title VII.  Plaintiffs claimed they could not escape … Continue Reading

Millwrights Could Proceed With Hostile Work Environment Claim

By Tony Oncidi on Posted in California Labor & Employment Law, Discrimination, Wrongful Termination
Reynaga v. Roseburg Forest Prods., 847 F.3d 678 (9th Cir. 2017) Efrain Reynaga and his son Richard Reynaga, who worked as millwrights for Roseburg Forest Products, were the only millwrights of Mexican descent at the company. Efrain alleged that during the course of his employment he was subjected to disparate treatment and a hostile work … Continue Reading

Union Member’s Hostile Work Environment Claim Was Not Preempted By Federal Law

By Tony Oncidi on Posted in California Labor & Employment Law, Discrimination, Retaliation
Matson v. UPS, 840 F.3d 1126 (9th Cir. 2016) Mary Matson, a member of the Teamsters Union, worked as a “combination worker” unloading and sorting packages at UPS’s Boeing Field International hub in Seattle. During her employment, Matson allegedly complained that because of her gender she was subject to unfair and demeaning treatment in the workplace.  … Continue Reading

EEOC Sufficiently Conciliated Class Claims Before Bringing Suit, And Employee Stated Hostile Environment Claim

By Tony Oncidi on Posted in Class Actions, Discrimination, Harassment, Retaliation, Sexual Harassment
Arizona ex rel. Horne v. The Geo Group, 2016 WL 945634 (9th Cir. 2016) Alice Hancock was employed by Geo as a correctional officer at the Arizona State Prison. Geo contracts with the Arizona Department of Corrections to maintain and operate two facilities in the state. Hancock filed a charge of discrimination and harassment based … Continue Reading

Pregnancy Harassment Claim Was Properly Dismissed, And Employee Waived Attorney-Client Privilege By Using Employer’s Computer

By Tony Oncidi on Posted in Employment Law Notes, Privacy, Retaliation
Holmes v. Petrovich Dev. Co., 191 Cal. App. 4th 1047 (2011) Gina Holmes sued her employer for harassment based on pregnancy, retaliation, constructive discharge, violation of the right to privacy and intentional infliction of emotional distress. The trial court granted summary adjudication to the defendants with respect to the claims for harassment, retaliation and constructive … Continue Reading
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