Claims of whistleblower retaliation filed under labor laws in California are going to be weighed by the standard set forth in that law, rather than the more stringent burden-shifting test that was laid out in the 1973 case of McDonnell Douglas Corp. v. Green. This was the recent ruling of…
Orange County Employment Lawyers Blog
Steps for Filing a California Employment Discrimination Lawsuit
The California Fair Employment and Housing Act, commonly called FEHA, forbids employers to discriminate against employees or job applicants on the basis of their position in a protected class. Protected classes include race, religion, color, ancestry, national origin, mental disability, physical disability, medical condition, genetic information, gender (including pregnancy, childbirth,…
More California Racial Discrimination Lawsuits Against Tesla on the Horizon
In California, it is unlawful for employers to discriminate against employees on the basis of their race or ethnicity. Workers targeted by discrimination ore harassment on these bases may have grounds to pursue a civil lawsuit for damages against their employer. Racial discrimination is not a new problem in this…
California Non-Disclosure Agreement Violated Labor Law, Court Rules
Nondisclosure agreements, sometimes also referred to as confidentiality clauses, are written legal contracts between employers and employees, drafted with the purpose of laying out binding terms and conditions. These can include provisions like prohibitions on disclosing confidential and proprietary information. However, as our Los Angeles employment attorneys can explain, they…
Understanding the Ministerial Exception in California Employment Lawsuits
Both federal and state anti-discrimination laws cover most employers in California. These laws prevent employers from firing or taking other adverse action against workers on the basis of their gender, race, ethnicity, pregnancy, nationality, disability, etc. However, as our Riverside employment lawyers can explain, religious institutions – including schools –…
California Employer Retaliation Lawsuit Results in $150 Million Verdict Against Insurer
A finding of California employer retaliation has resulted in a $150 million verdict against an insurance company accused of firing a former executive for the firm as he prepared to testify in a discrimination case against them. It’s believed to be the largest verdict in Los Angeles County and the…
Can My Boss Legally Cut My Pay?
The expectation when we accept a job is that our pay will increase incrementally the more experience and value we provide to the company. But as our Orange County wage and hour lawyers can explain, pay reductions can occur – and they aren’t necessarily illegal. Whether you are an hourly…
Payment in Pennies for Last Paycheck is Employer Retaliation, DOL Alleges
Employer retaliation in violation of federal law (punishing of an employee for engaging in legally protected activity) can take many forms – demotion, discipline, salary reduction, a job or shift reassignment. Sometimes it’s more subtle than that. And then other times, it’s a driveway full of oily pennies. An employer…
California Pregnancy Discrimination Claims Continue to Rise
One would think that as workplaces become more progressive and inclusive that pregnancy-based discrimination would increasingly become an issue of the past. Unfortunately, pregnancy discrimination, harassment, and retaliation in California workplaces have continued to rise the past five years. The U.S. Department of labor reports 85 percent of women will…
California Meal & Rest Break Violations: Should Companies Also Face Pay Stub & Waiting Time Penalties?
The California Supreme Court is slated to decide a case expected to settle a long-running debate on whether waiting time penalties are recoverable for meal and rest break violations. Employers, employees and labor law attorneys should be closely watching the case of Naranjo v. Spectrum Security Services, Inc. Petition for…