By Mani Dabiri | Published June 9, 2019 | Posted in Civil Business Litigation and Investigations, Government Subpoenas and Investigations, Post-Conviction Defense and Appeals | Tagged Tags: jurisdiction, laborandemployment |
Failing to Point Out the Other Side’s Fail
Last week, the U.S. Supreme Court answered a notable question in the world of employment litigation. Does it matter that an employee failed to follow the “right-to-sue” process before suing for discrimination, if the employer never complains? The answer: No. What if the employer does complain but takes its sweet time doing so? The answer: Still Read More
Read MoreNew Federal Rules Proposed About Sexual Harassment on Campus
On Thursday, the U.S. Department of Education proposed new rules on the handling of sexual-harassment complaints on school campuses that receive federal funding. The regulations aim to address when a school violates Title IX, a federal law against sex discrimination, based on the way it responds (or doesn’t respond) to such complaints. There is a Read More
Read MoreRestraining Orders to Protect the Elderly, the Disabled, and the Workplace
For two weeks we’ve covered the two main restraining orders in California. First it was the domestic-violence restraining order; then it was the civil-harassment restraining order. Here are two more to mention for now. One is a restraining order for elders and dependent adults. To get one, you must be at least 65 years old Read More
Read MoreThe Name of the Game is Compliance
Two more points for now on California’s Private Attorneys General Act. First, in many cases, you don’t have to prove that your employer’s violation hurt you or cost you anything. You just need a violation. For example, the Labor Code requires pay stubs to accurately itemize certain basic information. If yours don’t, it’s a violation Read More
Read MoreCalifornia’s Private Attorneys General Act
Here’s more of what we touched on last week. Under PAGA, employees can sue their employers for all labor-code violations against them and their fellow employees. To do it, you have to be a current or former employee who was affected by at least one of the violations. If so, you can sue on behalf of Read More
Read MoreMake PAGA Great Again
Say what? PAGA refers to a California law that allows employees to sue their employer for labor-code violations on behalf of all fellow employees. It means one person can sue for all violations an employer has committed, even if they only affected other people, as long as at least one affected him or her personally. It’s Read More
Read MoreSCOTUS Curbs Employment Class Actions
On Monday, the U.S. Supreme Court ruled that employers may use arbitration agreements to make employees waive their right to sue as a class. The case pitted two federal laws against each other. On one hand, the Federal Arbitration Act tells courts to enforce arbitration agreements. On the other hand, the National Labor Relations Act gives Read More
Read MoreCareful Whom You Call An Independent Contractor
We’re talking employment law again because the California Supreme Court issued a big decision this week. The Court unanimously declared a new test for classifying workers as employees versus independent contractors under the state’s wage orders. Those are the laws and regulations that say you have to pay a minimum wage; you have to pay Read More
Read MoreThe California Equal Pay Act
We talked about the federal Equal Pay Act last week, but California’s had its own law since 1949. You’ll find it in Labor Code section 1197.5. Importantly, since 2017, California’s law covers not just sex but race and ethnicity. So if there’s a difference in pay between employees along those lines, an employer must explain Read More
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