To prove the tort of intentional interference with prospective economic advantage, a plaintiff must establish “the existence of an economic relationship with some third party that contains the probability of future economic benefit to the plaintiff.” ...
Advising And Defending Businesses
Month: March 2021
Will Trump’s Administration Affect California’s Law Protecting Transgender People against Discrimination in Employment?
During Obama’s presidency, many federal agencies, including the EEOC and OSHA, promulgated rules and guidance affording increased protections for transgender employees. It is yet to be seen whether the EEOC will continue to pursue the expansion of Title VII to include...
Employee Alleging Retaliation Must Present Evidence of Pretext Once the Employer Establishes a Legitimate Reason for Termination
In Lemke v. Sutter Roseville Medical Center, the plaintiff nurse was terminated due to her failure to properly document a patient’s medications and condition, monitor the condition, and refusal to assist in reviving the patient. Approximately two months prior to...
PAGA Claim Will Not be Compelled to Arbitration
On February 25, 2019, a California court of appeal in Correia v. NB Baker Electric, Inc. affirmed a trial court’s order denying an employer’s petition to compel arbitration of a claim brought under the Private Attorney General Act of 2004 (PAGA). The trial court had...
Employers Will Soon be Required to Provide Notice to Employees of Their Employment Rights in the Event They are Victims of Domestic Violence, Sexual Assault, or Stalking
Assembly Bill 2337 will require employers with 25 or more employees to inform employees of their right to take leave if they are the victim of domestic violence, sexual assault, or stalking and of their right to be reinstated and reimbursed if they were discharged,...
NLRB and DOL Issue New Rules For Determining “Joint Employer” Status
On February 26, 2020, the National Labor Relations Board issued a final rule regarding whether two entities will be considered a joint employer, restoring its pre-2015 standard, and providing greater precision, clarity, and detail by using its rulemaking power. The...
Employers May Not Round Time for Meal Periods Under California Law
On February 25, 2021, the California Supreme Court in Donohue v. AMN Services, LLC, addressed two questions relating to meal period claims brought as a class action under California law: whether an employer may properly round time punches for meal periods, and whether...
Employer’s Attempt to Send Potential Class Action Lawsuit to Arbitration under CBA Rejected, but Court Gives Employers a Glimmer of Hope for the Future
May an employer force an employee covered by a collective bargaining agreement (“CBA”) to arbitrate their wage and hour claims instead of suing in court? Maybe, answered one California Court of Appeal in Vasserman v. Henry Mayo Newhall Memorial Hospital....