Harris v. Santa Monica – California Supreme Court Rules on a FEHA Mixed Motive Instruction
California Supreme Court Rules No Damages for Plaintiff but Allows Fees and Costs on a FEHA Mixed Motive Instruction A bus driver alleged that she was fired by the City of Santa Monica (the City) because of her pregnancy in violation of the prohibition on sex discrimination in the Fair Employment and Housing Act (“FEHA”) found under Government Code section 12940. The City claimed …
Court of Appeal Holds Arbitration and Class Action Waiver Unenforceable in Employment Law Case
In Franco v. Arakelian Enterprises (LASC Case No. B232583 Decided 11/26/12) the Court of Appeal held an employee’s arbitration and class action waiver unenforceable in an employment law case and allowed the class action to proceed in Court. On April 9, 2007, plaintiff Edixon Franco filed a class action complaint against Athens Disposal Company, Inc., dba Athens Services. The employer …
New Employment Laws – New Wage Statement and Record Inspection Requirements
Employment Law Bills Signed AB 1598 Public Contracts: Public Works: Installation. Existing law defines the term “public works” for purposes of requirements regarding the payment of prevailing wages. Existing law generally defines “public works” to include construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. Existing law …
The California Supreme Court Announces Big Brinker Decision for Employees
The California Supreme Court just announced a big class action employment decision in Brinker Rest. Corp. v. Superior Court. The decision clarifies some laws as they pertain to employers and employees, and sets forth a simple three part test for meal period compliance. The Court specifically held that employer satisfies [its meal period compliance] obligation if it (1) relieves its …
WCAB Keeps Employer on the Hook for Stolen Check
In Barrett Business Services, Inc. v. Workers’ Compensation Appeals Board and Rafael Rivas, the Court of Appeal for the Second Appellate District affirmed the WCAB’s denial of reconsideration of its determination of which party should bear the loss when a stolen check, with a forged indorsement, is cashed and the payee never receives the check. The appellate court held that …
Orange County Superior Court Certifies Class of AAA Employees
Orange County Superior Court Certifies Class of AAA Employees Summary Richard E. Quintilone II, Esq. of Quintilone & Associates and co-counsel from multiple firms certified a class action case of almost 3,000 non-exempt employees of the Automobile Club of Southern California after two days of argument in front of the Hon. Kim G. Dunning in the Orange County Superior Court’s …
No Attorney-Client Privilege for Employee's Emails to Lawyer from Company Computer
Attorney-client privilege does not protect employee emails sent to attorney from the Company’s computer where company had email inspection policy