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Discrimination Laws Upheld with Teva Claim

Discrimination Laws Upheld with Teva Claim December 6, 2018. By Jane Mundy.
Santa Clara, CA: Pharmaceutical giant Teva was ordered by an eight-person jury last month to pay $6.3 million to a former manager who filed a discrimination employment lawsuit against the Israeli company.
Read [ Discrimination Laws Upheld with Teva Claim ]

California Harassment Laws and Mandatory Arbitration Agreements stem from #MeToo movement

California Harassment Laws and Mandatory Arbitration Agreements stem from #MeToo movement November 14, 2018. By Jane Mundy.
Sacramento, CA: On the heels of the #MeToo movement, California is providing more protection for sexual harassment victims by amending the California labor law, specifically Civil Code Section 47. The goal of the new bill is to encourage more victims of sexual harassment to come forward. And more corporations are eliminating mandatory arbitration agreements for harassment claims: potentially more victims will have their day in court.
Read [ California Harassment Laws and Mandatory Arbitration Agreements stem from #MeToo movement ]

Uber Misclassification Issue Now Facing Unfair Competition Lawsuit

Uber Misclassification Issue Now Facing Unfair Competition Lawsuit November 3, 2018. By Jane Mundy.
Sacramento, CA: Diva Limousine has sued Uber over California labor law violations, alleging state unfair competition. Their lawyers--who filed a motion for partial summary judgement early October—are counting on a California Supreme Court decision making it more difficult for employers to misclassify drivers as independent contractors rather than hourly employees.
Read [ Uber Misclassification Issue Now Facing Unfair Competition Lawsuit ]

Google Employee Tagged as “Too Old” May Yet Have the Last Word

Google Employee Tagged as “Too Old” May Yet Have the Last Word October 23, 2018. By Anne Wallace.
San Jose, CA Cheryl Fillekes’s age discrimination lawsuit against Google alleges violations of the federal Age Discrimination in Employment Act (ADEA) and corresponding provisions of California labor law, the Fair Housing and Employment Discrimination Act (FEHA). Having cleared the hurdle of class action certification, it now appears poised to settle.
Read [ Google Employee Tagged as “Too Old” May Yet Have the Last Word ]

Skirting around Donning and Doffing

Skirting around Donning and Doffing October 4, 2018. By Jane Mundy.
Santa Clara, CA: California wage and hour laws get complicated, particularly donning and doffing issues in the manufacturing industry. While federal and state laws agree that employers are required to compensate employees for all “work” performed, they often differ on whether donning and doffing is considered work.
Read [ Skirting around Donning and Doffing ]

California Donning and Doffing on the Clock?

California Donning and Doffing on the Clock? September 26, 2018. By Jane Mundy.
Sacramento, CA: Workers in California, from farm harvesters to computer technicians, can’t come to terms with the California labor law regarding donning and doffing—putting on and taking off employer-mandated uniforms, clothing and safety gear, even though a number of donning and doffing lawsuits have settled in favor of the employee.
Read [ California Donning and Doffing on the Clock? ]

Exotic Dancers Bring California Labor Lawsuit to Recover Back Wages

Exotic Dancers Bring California Labor Lawsuit to Recover Back Wages September 18, 2018. By Anne Wallace.
Santa Ana, CA By a July 18, 2018 Order, the Superior Court of Orange County ruled that the new Dynamex “ABC” test for determining whether workers are employees or independent contractors should be applied retroactively. The decision in Dynamex v. Superior Court of Los Angeles County was already expected to have far reaching consequences. The ruling in Johnson v. VCG-IS LLC suggests that employer liability for violations of the California Labor Code arising from the new understanding of legal standards may reach years back in time.
Read [ Exotic Dancers Bring California Labor Lawsuit to Recover Back Wages ]

California Court Saves Class Action Wage Claims from Forced Arbitration

California Court Saves Class Action Wage Claims from Forced Arbitration September 7, 2018. By Anne Wallace.
San Francisco, CA On August 14, 2018, the California Court of Appeals preserved a worker’s right to bring a class action wage lawsuit against Robert Half International (RHI). RHI tried to force Jessica Gentry to arbitrate, alone, her claim that she was cheated out of pay for the time she spent prepping for assignments. The California Labor Code requires that workers be paid for paid for time worked, regardless of how brief. Few, however, can afford the cost of arbitration when the personal financial stake is small. Had RHI been successful, the legal maneuver that would have ended her California labor lawsuit and deprived others of their only effective legal remedy. What happened was very different.
Read [ California Court Saves Class Action Wage Claims from Forced Arbitration ]

Are Tutors Independent Contractors or Employees Under the California Labor Code?

Are Tutors Independent Contractors or Employees Under the California Labor Code? September 6, 2018. By Jane Mundy.
San Francisco, CA: The education company General Assembly agreed to pay $1million to settle an overtime lawsuit brought by two former full-time tutors ( education instructors) who taught at the company’s San Francisco campus. This California labor law settlement may have implications for similar companies that hire independent contractors to work in the education “gig economy.”
Read [ Are Tutors Independent Contractors or Employees Under the California Labor Code? ]

Retail giant Target Settles California Labor Lawsuits over Cashier Seating for $9 million.

Retail giant Target Settles California Labor Lawsuits over Cashier Seating for $9 million. August 16, 2018. By Jane Mundy.
Oakland, CA: A California judge has given the green light to settle several California labor lawsuits alleging the retail giant violated California’s Private Attorneys General Act by failing to provide seating for more than 90,000 cashiers.
Read [ Retail giant Target Settles California Labor Lawsuits over Cashier Seating for $9 million. ]

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