Recognizing discrimination and protecting your rights
November 18, 2016
No matter how you feel about the recent election and its outcome, recent statistics have shown that the number of acts against minorities and ethnic groups has been rising. It is in situations like these where it is most important to understand your rights and what protections are offered under the law. What is discrimination? […]
Workplace Sexual Harassment Does Not Have To Be Motivated By Sexual Desire
October 7, 2016
Workplace sexual harassment is one of most the pressing issues facing society. As a country, it is impossible to know which direction we are headed if we do not know how we got here. Back in 1991, the Supreme Court set an important precedent for workplace sexual harassment. At the time, it was widely considered […]
How the Fair Pay and Safe Workplaces Executive Order Protects Workers
September 20, 2016
As an employee you strive to get to work at your scheduled time and give an honest day’s work for an honest day’s pay. You follow all of the policies in your employee manual, and you have no blemishes in your employee record. Your employer expects it of you and most play by the same […]
The Unruh Civil Rights Act and its Protective Veil
August 15, 2016
The Unruh Civil Rights Act is one of four statutes enforced by the California Department of Fair Employment and Housing (DFEH), an agency of the California state government established in 1959. The overseeing DFEH protects its state residents from employment, housing and public accommodation discrimination, along with hate violence. According to a study of employee […]
California Supreme Court: Federal Arbitration Act Preempts State Consumer Protection Statute’s Waiver Bar
August 18, 2015
This month, the California Supreme Court decided Sanchez v. Valencia Holding Co., LLC, ___ P.3d ___, 2015 WL 4605381 (2015), wherein it held that the anti-waiver provision of California’s consumer protection statute is preempted by the Federal Arbitration Act (“FAA”). Id. at 15. The case involved a car purchaser who filed a putative class action […]
CFPB Report Reveals Truth About Mandatory Arbitration Clauses
March 24, 2015
Have you ever heard of a mandatory arbitration clause? You’ve probably agreed to one. In fact, if you listen to music online, use a cell phone, pay with a credit card, or work for a large employer, you’re probably bound to several at this very moment. But if you’re like most consumers and employees, a […]
Employment Attorney Larry Organ Named to Super Lawyers for Sixth Consecutive Year
March 6, 2015
The results are in. And for the sixth year in a row, our very own Larry Organ has been named to the 2015 Northern California Super Lawyers. Every year, the Thomson Reuters organization selects “outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.” Following an […]
The Case for Mandatory EPLI Coverage in California
January 18, 2015
As long as judgments have included economic damages, there have been judgment proof defendants. In personal injury law, for example, this problem has been addressed by the concept of mandatory coverage for those who participate in the activities that typically give rise to such claims. From car and homeowners insurance to workers compensation programs, these […]
How The Supreme Court’s Hobby Lobby Decision Violates The FEHA (and Title VII)
November 21, 2014
In Burwell v. Hobby Lobby Stores, Inc., 134 S.Ct. 2751 (2014), the Supreme Court held that the so-called contraceptive mandate of the Patient Protection and Affordable Care Act (ACA) violated the Religious Freedom Restoration Act (RFRA). After finding that for-profit corporations are “persons” under the RFRA, the Court proceeded to declare that the ACA’s regulatory […]
The Whistleblower & ‘The Whistleblower’: How Fiction Becomes Law
October 27, 2014
Whistleblower has become a bit of a buzzword in recent years. Thanks in part to household names like Bradley Manning and Edward Snowden, the word is hardly reserved to the legal profession. As such phenomenons often go, the infusion of such terms and ideas in to popular culture – frequently made manifest through movies, books […]