California Anti-Harassment Laws Strengthened by SB 224.
New California Employment Laws for 2019: SB 224 Amends the Unruh Act’s Anti-Harassment Law.
Articles
New California Employment Laws for 2019: SB 1300 Amends FEHA, Broadening California Anti-Harassment Law.
California enacted several new laws for 2019 relating to sexual harassment. We will examine some of these new laws in the coming weeks. The first and most important bill enacted was Senate Bill 1300. SB 1300 changes and broadens the Fair Employment and Housing Act. The Legislature here sends a…
California Workers Presumed to be Employees Under New Dynamex “ABC” Classification Test
New California authority controls classification of workers as employees versus independent contractors. Under the recent Dynamex decision, California workers will now be regarded as “employees” rather than “independent contractors” unless a three-part test is met by the company. Dynamex Worker Classification Change: Dynamex is a courier service that classified its…
“English-Only” Policies and Discrimination
“English-Only” Policies May Constitute National Origin Discrimination. The language we all speak is closely connected to our heritage and nationality. For this reason, “English-Only” rules are generally viewed as discrimination on the basis of national origin. National origin is a protected category under both state and federal law. National origin discrimination…
New Employment Laws for 2018
California Employment Law continues to evolve. This is a summary of new laws and amendments for 2018. New California Laws and Amendments: Minimum Wage Increase. 0-25 employees: increase from $10 to $10.50 per hour. 26+ employees: increase from $10.50 to $11 per hour. SB 3. Parental Leave (Small Employers). California…
California “Exempt Employee” Overview
Exempt employees are not paid overtime. Whether an employee is Exempt or Non-Exempt under California law is a “nuts-and-bolts” issue of employment law. This post gives an overview of the rules. If you need a thorough review of classification for a position, it is definitely advisable to seek the opinion of an…
Right to Seek Public Injunctive Relief Is Unwaivable in California
Last month, the California Supreme Court held that an arbitration agreement that bars right to seek public injunctive relief is unenforceable as contrary to California public policy. In McGill v. Citibank, N.A., the Court distinguished between class action waivers (and the waiver of the right to public injunctive relief. The Court held that…
California Courts Continue Barring PAGA Arbitration
California courts of appeal continue to deny arbitration for PAGA claims (the Private Attorney’s General Act of 2004 [Labor Code section 2698, et seq.]) In Tanguilig v. Bloomingdale’s (2016) 5 Cal.App.5th 665, and Hernandez v. Ross Store (2016) 7 Cal.App.5th 171, the Court of Appeal applied and amplified Iskanian v….
Tips for Potential Employee Clients
1) Be Credible Your credibility is your number one asset. Be truthful. It is better to remain silent than to say (or write) something that’s not accurate. Example : at termination you are presented with a document saying that you agree to resign. Do not agree to facts that are…
Cilurzo v. Apple Inc. verdict and judgment: $698,670.57
We represented Stephen Cilurzo against Apple Inc. in a case where Apple denied its worker a simple accommodation. After a two week trial, the jury found Apple Inc. discriminated against Mr. Cilurzo on the basis of his disability. Apple Inc. was ordered to pay the total amount of $698,670.57 in…