Newsletters
California Employment Law Update - 3/27/2008Starbucks Must Pay Baristas $86 Million Plus Interest For Tip-Pooling Arrangement
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Residential Employees Not Entitled To Pay For "On-Call" Time
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Recent Employment Law Legislative Developments
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California Employment Law Newsletter - Fall 2006
Key Law Case Developments
May - August 2006
- 8/31/2006RETALIATION
-Federal law prohibits employer actions, including those not relating to employment or the workplace, that would dissuade a reasonable employee from making or supporting a charge of discrimination.
-Doctor was not subjected to retaliation by her employer.
AT-WILL EMPLOYMENT
-At-will employment contract allowing termination "at any time" allowed advertising agency to terminate employee with or without cause.
WAGE AND HOUR
-An employer "discharges" an employee under the wage and hour laws when it releases an employee upon completion of a specific job assignment or time duration for which the employee was hired.
REASONABLE ACCOMMODATION
-Employer was not entitled to summary judgment where evidence suggested employees' "misconduct" was a pretext for discrimination, and where factual dispute existed about whether employee could have been reasonably accommodated through recovery time of unspecified duration or reassignment to a position not currently available, but that would become available within a reasonable period.
-Under California law, an employer must engage in an interactive process to provide reasonable accommodations to an applicant or employee whom it "regards as" physically disabled, even if the applicant or employee has no "actual" disability.
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Key Employment Law Case Developments
February to April 2006
DISCRIMINATION
-Use of the term "boy" may be evidence of racial animus
-Dress code requirement that female employees use makeup does not necessarily impose unequal burdens on female employees
HARASSMENT
-Writer on adult oriented television show did not suffer harassment when exposed to sexually explicit discussion and jokes as part of the creative process
WAGE AND HOUR
Employer does not need to compensate employees for travel time from acompany parking lot to work where the use of the company supplied shuttle bus was not mandatory
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NEW LEGISLATION AND REGULATIONS AFFECTING CALIFORNIA EMPLOYERS
-Direct Deposit of Wages and Final Wages
-Employees' Checks, Drafts or Vouchers
-Workplace Temporary Restraining Orders and Protective Orders
-Mandatory Sexual Harassment Training Regulations
CASE LAW DEVELOPMENTS:
DISCRIMINATION
-An employer's right to downsize its workforce does not automatically dismiss a plaintiff's claim of discrimination as the reason for layoff selection.
HARASSMENT
-Employer's anti-harassment policy and response to harassment complaint, coupled with employee's vague and untimely complaint, raised affirmative defense to sexual harassment claim.
-Jury verdict of sexual orientation harassment was upheld.
-Employer's anti-harassment policy and response to harassment complaint, coupled with employee's vague and untimely complaint, raised affirmative defense to sexual harassment claim. Harassment was upheld.
CALIFORNIA SUPREME COURT TO DECIDE MEAL PERIOD AND REST BREAK DISPUTE
-A hotly contested area of California employment law centers on determining the statute of limitations for payments for an employer's failure to provide meal periods and rest breaks under Labor Code section 226.7.
REASONABLE ACCOMMODATION
-A reasonable accommodation does not include converting a temporary light-duty position used to accommodate an employee into a "permanent" one.
WAGE AND HOUR
-California employers should pay careful attention to activities that precede and follow the main working activity, becasue this time may need to be compensated.
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Personal Solicitations do not Trigger Advertising Injury Coverage
California Supreme Court Rules on Constitutionality of Punitives
Silica Dust Subject to Pollution Exclusion
"Other Insurance" Clauses Relevant Only if Insureds Provide Same Level of Coverage
Policyholder Perspective: How Much Longer Will Coverage Turn on Technicalities
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Manager disciplined for refusing to fire "unattractive" employee may sue for retaliation
Individuals not liable for corporation's failure to pay wages
Harassing, but not sex specific conduct may be actionable harassment
Employee fraudulently induced to leave prior job entitled to lost future income
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Student Externships: To Pay or Not to Pay Key Employment Law Case Developments in: Discrimination and Retaliation Unfair Competition Workplace Torts Worker's Compensation
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Policy Holder Perspective: Rethinking Property Damage Recent Developments: Subcontractor's Insurer May Not Seek Contribution from General Contractor; Insurance Coverage in Eminent Domain; Coverage of Misappropriation of Trade Secrets by Former Employee
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New Legislation Affecting Employers: Mandatory Sexual Harassment Training Expanded Discrimination Training Domestic Partner Law Meal Period and Break Regulations Proposed
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Policy Holder Perspective: Attorneys' Fees Recent Developments in Insurance Law: Excess Liability Policy Not Excess Effect of Insurance Binder Policy Limitations Must be Plain and Clear Retroactive Assessemnt of Excessive Premiums not Bad Faith
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Greg King is the first attorney to represent Payne & Fears LLP in Clark County, Nevada. Thayne Larson will be joining him in August.
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Policy Holder Perspective: Self Insured Retention Recent Developments in Insurance Law: Loss of Electronic Data When Self Insurance Limits CIGA's Obligations Golden Eagle's Outrageous Claims Justified Malicious Prosection Notification of Policy Changes
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