Author Archives: Laura B. Thomasian

FEHA Amended to State that Sexual Desire not Needed to Prove Sexual Harrassment

Governor Jerry Brown recently signed into law Senate Bill 292, which amends the California Fair Employment and Housing Act (“FEHA”) to states “[s]exually harassing conduct need not be motivated by sexual desire.” More after the break.

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Temporary Services Employer Amendment to California Labor Code Section 226 To Take Effect July 1

In addition to the information that was previously required to be included on itemized wage statements under California Law, Labor Code section 226 (a)(9) will also require that itemized wage statements issued by “temporary services employers” include the rate of pay … Continue reading

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California Chamber of Commerce Releases 2013 Job Killer List

The California Chamber of Commerce (CalChamber) recently released its annual list of “job killer” bills.  The list includes 32 proposed measures that CalChamber believes will have a negative impact on California’s job climate and economic recovery if the measures were … Continue reading

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Third Party FMLA Leave Administrator May Face Liability For FMLA Violation

In Arango v. Work & Well, Inc., Case No. 1:11-cv-01525 (ND Ill. March 15, 2013), a district court has recently ruled that a former employee’s claim against his employer’s third party leave administrator for tortious interference with employment relationship could … Continue reading

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California Court of Appeal Affirms Summary Judgment in Favor of Employer

In McGrory v. Applied Signal Technology, Inc., a California Court of Appeal recently affirmed summary judgment in favor of an employer against the employee’s claims for gender discrimination, retaliation, and defamation.  More after the break.

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No “Honest Belief” Defense to Claims under California Family Rights Act

In Richey v. Autonation, Inc. et al., a California Court of Appeal has recently held that an employer’s good-faith, honest belief that an employee on medical leave was abusing the leave was not a defense to the employee’s claim for … Continue reading

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New California Employment-Related Laws

Governor Jerry Brown has signed into law numerous bills that affect California employers, employment law, and wage and hour law.  Below is a summary of several of these new laws.

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Suitable Seating Class Action Claims In California

Since 2009, California courts have been dealing with a wave of lawsuits directed at larger employers for not providing seats to clerks, tellers, and cashiers.  This week, in Garvey v. Kmart, the first trial in a suitable seating class action … Continue reading

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California Supreme Court Grants Review of Case Holding that Franchisor May be Liable for Conduct of Franchisee in FEHA Action

The California Supreme Court has granted review in a case of significant interest to franchisors.  In Patterson v. Domino’s Pizza, LLC, 207 Cal.App.4th 385 (June 27, 2012), a California Court of Appeal reversed the grant of a franchisor’s motion for summary … Continue reading

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Two Recent California Decisions Applying Brinker Affirm Denial of Class Certification For Meal And Rest Breaks

In Flores v. Lamps Plus, Inc. and Hernandez v. Chipotle Mexican Grill, Inc., the California Court of Appeal Second District, Division Eight, initially affirmed the denial of class certification of meal and rest breaks claims while awaiting the California Supreme … Continue reading

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9th Circuit Holds That Attendance Is Essential Function Of Neo-Natal Nursing Position

The U.S. Court of Appeals for the 9th Circuit affirmed the entry of summary judgment in favor of a medical center holding that a neo-natal nurse’s request that she be permitted an unspecified number of unplanned absences was not a reasonable … Continue reading

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California Supreme Court Decides Case Involving Administrative Exemption

The California Supreme Court has issued a decision in Harris v. Superior Court (Liberty Mutual Insurance Company) regarding whether certain insurance company claims adjusters are administrative exempt employees under the California Labor Code and the Industrial Welfare Commission (“IWC”) Wage … Continue reading

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New Labor and Employment Laws in California

California Governor Jerry Brown has recently signed into law several pieces of legislation that will significantly affect California employers.  The new laws are even worth reading for non-California employers as they will give you an idea of what the future … Continue reading

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Federal and State Inter-Agency Cooperation Announced to End Misclassification

The Department of Labor has signed a memorandum of understanding (“MOU”) with the Internal Revenue Service (“IRS”) that is intended to end the business practice of misclassifying employees as exempt from federal labor laws.  In addition, agency leaders of Connecticut, … Continue reading

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