Recent Articles

New California Workers' Compensation Regulations

September 02, 2010 13:00

Workers' compensation law is just one more thing that HR has to be worried about. I try not to worry about it, but I can't help it. Our friends at the California Chamber of Commerce published a handy FAQ regarding new regulations. The regulations concern Medical Provider Networks. In particular,...

California Court of Appeal Invalidates Anti-Injunction Law

August 30, 2010 13:48

I am still a bit behind on blogging because of last month's trial. Here's one that came down in the middle of the trial.As the courts in this case noted, California law ma[d]e it nearly impossible to get an injunction against a union picketing in front of a private business. Labor Code Section...

Ninth Circuit: Fired Harassers Lose Sex Discrimination Claim

August 30, 2010 04:09

The plaintiffs were males who worked for Executive Jet. They were fired after an investigation revealed they engaged in certain inappropriate conduct that violated the Company's anti-harassment policy. The female who complained filed a charge with the EEOC, which found cause to believe a violation...

Ninth Circuit: Triable Issue on Accommodation of Hearing Impaired

August 30, 2010 03:47

The EEOC brought suit against UPS Supply Chain Solutions for failing to accommodate a hearing impaired employee. The employee, Mauricio Centeno, was deaf since birth and American Sign Language was his primary language.He was able to do his job in accounting without a sign language interpreter. But...

Court of Appeal Expands Wrongful Discharge Law

August 12, 2010 00:46

OK, so let's say an employee has a non-compete agreement with a former employer. After Employee is hired by new employer, the former employer sends a "cease and desist" letter to the new employer. The new employer, fearling litigation, fires the employee. Employee sues new employer for wrongful...

California Supreme Court Bings Google

August 12, 2010 00:01

I think Reid v. Google (opinion here) will be more memorable for its discussion of objections in summary judgment proceedings than for its discussion of the stray remarks doctrine. I will post my upcoming article here next Monday, which will explain the above gibberish. (Or I'll cheerfully refund...

Ninth Circuit Thwarts End Run Around California Labor Code

August 11, 2010 23:54

EGL, a Texas transportation company, came up with an idea. Avoid all those pesky California wage and hour laws by making everyone an independent contractor, and inserting a choice of law clause into the agreement.First, the court had to get by the Texas choice of law clause. The clause said only...

California Supreme Court Holds No Private Right of Action Re: Tip Pooling

August 10, 2010 12:19

Labor Code Section 351 provides that tips belong to the servers who generate them. Tip pooling - employer-mandated sharing of tips among service staff, has been held lawful under that section. But certain tip pooling arrangements, particularly those in which management shares tips, have been held...

Trial

August 07, 2010 03:36

Trial in employment cases is as rare as hen's teeth. Most cases settle. With the increasing prevalence of "EPLI" insurance, there is often little appetite for taking a case "all the way" and facing a jury. At least for us defense lawyers, going to trial is unusual.Trial also is, to say the least,...

Court of Appeal: Employee Must Initiate Interactive Process

July 19, 2010 14:53

Tanya Milan worked for the city of Holtville's water treatment plant. After a work-related injury, she began a leave of absence. During the leave, her workers' compensation doctor decided she would not be able to perform her duties. She never requested an accommodation or contacted her employer to...