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Articles Posted in employment attorney

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Pour Decisions: Yes, You Can Be Fired for Being Drunk at Work

A federal court in Pennsylvania recently ruled that a nuclear power plant did not violate public policy by firing an employee who tested positive for alcohol at work. The plaintiff in Bennett v. Talen Energy Corp. argued that he was not given an opportunity to participate in the Employee Assistance…

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California Bans “No-Rehire” Clauses in Settlements for Workers Who Sue Their Employers

“No-rehire” clauses have long been boilerplate verbiage in employment lawsuit settlements. If you sue your employer for harassment or wage-and-hour violations or discrimination, you might well get compensation for your trouble – but you may still be out of a job. In California, that era is coming to an end.…

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Female Nurses Win $50,000 Equal Pay Discrimination Lawsuit

Female nurses at a home health care company in Wyoming will receive $50,000 as part of a settlement reached in an equal pay discrimination lawsuit. The nurses alleged a male nurse at the facility with less experience was paid more than female nurses with more experience. The U.S. Equal Employment…

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California Outlaws Forced Arbitration in Most Employee-Employer Disputes

Companies in California can no longer force workers as a condition of employment to sign away their right to have claims of discrimination, unfair pay or harassment resolved in a court of law as opposed to an arbitrator. There are a few exceptions, but the sweeping effect of  AB-51, signed…

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California is Rewriting the Rules on Who is an Employee/Independent Contractor

A groundbreaking California employment bill will overhaul the way workers are designated for the purposes of workers’ compensation, liability, benefits, responsibilities and more. AB5, born of the rise of the so-called “gig economy,” has passed both the state Assembly and the Senate, and Gov. Gavin Newsom is expected to sign…

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How Companies Can Avoid California Employment Lawsuits

As longtime employment attorneys in California, we know that corporations can seem blind with greed, cutting corners on pay, discriminating and exploiting where it suits them. These things can be true, but it’s also true that most companies are comprised of individuals – including managers, supervisors and owners – who…

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Free Speech Not a Free Pass for Job Discrimination, California Supreme Court Rules

The California Supreme Court ruled that a national news network employer’s termination of an employee could amount to protected activity under anti-SLAPP laws, even if ultimately those activity are deemed unlawful. At the very least, it’s going to mean careful evaluation of employment lawsuits against news organizations in California. Plaintiff,…

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Cash a Check, Sign Away Your Right to California Employment Lawsuit

An increasing number of tech-based software companies that hire workers in a non-traditional setting are facing down the potential of a wave of employment lawsuits – potentially class action litigation – because of the fact they have long likely been misclassifying workers. Employment attorneys for companies looking to ward off…

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“Go Back to Where You Came From” Cited by EEOC as Discriminatory

As longtime labor and employment attorneys, we represent individuals from all backgrounds. Recently, amid internal strife within the Democratic party, President Donald Trump stirred a firestorm of controversy when he called out four far-left Congresswomen (AKA “The Squad”), directing them to “go back” to the countries from which they/their ancestors…

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Wal-Mart and its Litany of Lunch Break Lawsuits

The lunch time wars at Wal-Mart rage on. A class action Los Angeles labor and employment lawsuit over meal breaks has resulted in a $6 million verdict – and the introduction of something known as the “meal break discouragement theory.” In Hamilton v. Wal-Mart Stores Inc., plaintiffs alleged the mandatory…

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