Attorney Justin R. Rediger prevailed on a motion for summary judgment in a case alleging disability discrimination, racial harassment, and whistleblower retaliation. Judge George J. Abdallah, Jr. of the San Joaquin County Superior Court agreed that there was no...
Advising And Defending California Businesses
Employment Law
Employee’s Refusal to Share PAGA Penalties with Aggrieved Employees Results in Dismissal of Lawsuit
On February 27, 2019, a California court of appeal published its decision in Moorer v. Noble L.A. Events Inc., affirming a trial court’s order dismissing the plaintiff’s lawsuit that alleged violations of the Labor Code, Wage Order No. 4, and the Private Attorneys...
Three-Year Statute of Limitations Applies to a Willful Refusal to Pay Overtime Under FLSA
On March 2, 2020, the U. S. Court of Court of Appeals for the Ninth Circuit in Scalia v. Employer Solutions Staffing Group, LLC, et al. affirmed a district court’s summary judgment in favor of the U. S. Secretary of Labor against ESSG in an action alleging that...
California Supreme Court Rules that an Allegation that the Winning Bidder on Public Works Contract Failed to Pay the Appropriate Prevailing Wage is Insufficient to Support the Second Place Bidders’ Cause of Action for Intentional Interference with Prospective Economic Advantage
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.” ...
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...
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,...
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...
Class Action May Proceed Against Employer Who Failed to Use Clear, Standalone Disclosure Form for Third Party Background Check
An employer that conducts a background check of its applicants or employees must do so in accordance with the strict requirements imposed by federal and California laws. On January 29, 2019, the U.S. Court of Appeals for the Ninth Circuit in Gilberg v. California...
“All Gender” Bathroom Bill to Take Effect March 1, 2017
Beginning on March 1, 2017 all business establishments, places of public accommodation, and government agencies with single-user toilet facilities must identify them as “all-gender” as opposed to the traditional “men” and “women.”...
