The joint employment of a fast-food franchisor can’t be established in California employment lawsuits just because the company asserts control over the franchisee’s branding. Instead, the U.S. Court of Appeals for the Ninth Circuit ruled that plaintiffs will need to show sufficient control over things like worker hours, wages and…
People diagnosed with autism spectrum disorder (ASD) can make excellent employees. However, many are denied opportunities – for a job, for advancement, for benefits and more. Disability discrimination is all too often a daily occurrence for those with ASD, especially because the spectrum is so broad and the condition still…
When a 34-year-old former California correctional officer secured a $1.7 million settlement from her former employer in her pregnancy discrimination lawsuit, she thought that might be the end of it. The agency was accused of failing to accommodate her pregnancy, ultimately resulting in her baby’s stillbirth. But she’s back in…
Companies can be held legally responsible for sexual harassment and even sexual assault of an employee in an employment lawsuit if business managers/supervisors/HR representatives failed to take action regarding previous complaints of harassment/gender discrimination. A large auto manufacturer is facing a federal trial over allegations that it did nothing to…
Employee rest periods and overtime are worker rights guaranteed in California by statute and overseen by regulators at the state’s Department of Industrial Relations. Although there are exceptions, most workers are guaranteed at least 10 minutes of rest for every 10 hours worked and must be paid overtime for every…
Several former chicken plant workers are suing more than a dozen processing businesses, subsidiaries, affiliates and consultant companies, accusing them of conspiring to keep wages and benefits low for workers, overwhelmingly immigrants. The employees filed the wage and hour lawsuit on their own behalf, though the case could eventually encompass…
With the stroke of Gov. Gavin Newsom’s pen, the sweeping California employment law limiting businesses’ use of independent contractors has become law and will go into effect Jan. 1, 2020. Assembly Bill 5 had the overwhelming support of the state legislature, and the governor’s signature was widely anticipated, as his…
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…
A superior court judge in Napa County has ordered a retrial in the employee pregnancy discrimination lawsuit against one of the most sought-after chefs who owns two of the most popular fine dining restaurants in the country. The defendant had been cleared last month of wrongdoing, but the victory may…
The American labor union representing some 160,000 television and film actors, radio personalities, journalists, singers and others is arguing a 2017 California age discrimination law that censors celebrity ages online should be reinstated. The law was struck down as unconstitutional by the U.S. Court of Appeals for the Ninth Circuit…