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Employee Rights Blog

Age Discrimination In The Workplace

Posted by Eric Kingsley | Jan 18, 2018 | 0 Comments

Age Discrimination Several national reports show that there are actually more Baby Boomers in the workforce than ever before. These reports suggest that it is no longer the norm for workers to retire at age 65–unlike previous generations. With this trend, it is important to review the salient poi...

Governor Brown Signs AB 168 – Salary History Ban

Posted by Eric Kingsley | Oct 31, 2017 | 0 Comments

Salary History Ban – California Law On October 12, 2017, Governor Jerry Brown signed AB 168 into law, effectively banning employers from asking job applicants about salary history. As we covered in previous posts, the language found in AB 168 has failed to get full endorsement twice before—first ...

UPS Disability Discrimination Lawsuit

Posted by Eric Kingsley | Aug 30, 2017 | 0 Comments

On August 8, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing the settlement of a lawsuit against United Parcel Service, Inc. (UPS). The suit alleged disability discrimination claims under the Americans with Disabilities Act (ADA) and was settled for...

California Law And “Reporting Time Pay”

Posted by Eric Kingsley | Aug 09, 2017 | 0 Comments

California is one of several states that require employers to compensate its employees with “reporting time pay.” The applicable Wage Order in California, requires “that on each workday that an employee reports for work, as scheduled, but is not put to work or is furnished less than half of the e...

Fox U.S. Productions Faces Age Discrimination Suit

Posted by Eric Kingsley | Mar 15, 2017 | 0 Comments

Last week, a California judge tentatively rejected Fox's bid to dismiss a longtime Los Angeles local reporter's age discrimination suit, saying she thought the reporter had sufficiently alleged he was discriminated against and that the discrimination forced him to quit his job. Background Last Se...

California Legislation & PAGA Bills

Posted by Eric Kingsley | Sep 20, 2016 | 0 Comments

It's been two weeks since the California Legislature adjourned, bringing the second half of the 2015-2016 Legislative Session to a close. A number of employment-related bills are awaiting Governor Jerry Brown's signature as the September 30th deadline to either veto or sign the bills quickly appr...

New Laws For California Job Applications

Posted by Eric Kingsley | Jun 26, 2016 | 0 Comments

California's 2017-2018 legislative session ended with a significant number of new labor and employment laws enacted by both the legislature and Governor Brown. Two such laws effect employers and the processes and forms used to recruit new employees.  Below is a summary of two new laws for Califor...

Oracle Sued by Whistleblower Svetlana Blackburn

Posted by Eric Kingsley | Jun 09, 2016 | 0 Comments

Earlier this month, Oracle was sued by a former senior finance manager who claims she was terminated in retaliation for complaining about improper accounting practices in its cloud services business. In a complaint filed with the U.S. District Court in San Francisco, the plaintiff Svetlana Blackb...

Two Prevailing Parties In A Single Wage And Hour Lawsuit?

Posted by Eric Kingsley | Nov 10, 2015 | 0 Comments

California Second District Appellate Court Says Yes… Rules both the employee and the employer can be deemed “prevailing party” in a single Wage and Hour and Equal Pay Act lawsuit. Background Plaintiff, Mahta Sharif, brought an action against her former employer, Mehusa, Inc., for unpaid overtime ...

Ninth Circuit Blesses Iskanian In Sakkab Vs. Luxottica

Posted by Eric Kingsley | Oct 13, 2015 | 0 Comments

On September 28, 2105, in Sakkab, et al v. Luxottica Retail North America, Inc., the Ninth Circuit ruled that an employee cannot waive the right to bring a representative action under the Private Attorneys General Act (“PAGA”) through an arbitration agreement or any other means. Through it's ruli...

Stress Caused By Supervisor Not A Viable Claim Under FEHA

Posted by Eric Kingsley | Aug 07, 2015 | 0 Comments

Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) California employers should take notice of the conclusion drawn in the Higgins-Williams case–an employee's claimed inability to work under a supervisor because of the supervisor's causing the employee anxiety and stress during st...

Will AB 588 Curtail PAGA And Employer Violations?

Posted by Eric Kingsley | Apr 17, 2015 | 0 Comments

With the introduction of AB 588 and its intent to close so-called “loopholes”, it is important for employees and employers to realize the benefits of PAGA and how it prevents employers from committing labor code violations related to wages, rest periods, health and safety, and retaliation. What I...

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