Over the weekend, California Governor Jerry Brown signed Assembly Bill 1897, which imposes new joint liability for companies whose labor subcontractors violate wage and workplace safety laws. The bill was hotly contested. While labor groups are calling it a major victory for California workers, business groups argue that the bill is a “job killer” that […]
Last month, the California Supreme Court issued its 4-3 decision in Patterson v. Domino’s Pizza, LLC, wherein it held that, under the specific circumstances of that case, the Domino’s franchisor could not be held liable as a joint employer for the sexual harassment committed by its franchisee. Given the recent debate sparked by the NLRB’s […]
As economic demands pressure businesses to take steps to remain competitive, employers often look to labor as a means of cutting costs and staying “lean.” For example, if the employer is a manufacturer, the company might enlist another company to manage the production arm of its business as an alternative to hiring its own employees. […]
Last month, the National Labor Relations Board (NLRB) issued an administrative decision that, if untouched by the courts, will force corporate employers to take a greater interest in the labor practices of their franchisees. Following a number of complaints submitted to the NLRB by several McDonald’s employees, the Office of the General Counsel stated that […]
In the matter of Weaving v. City of Hillsboro, a jury determined that the City of Hillsboro violated that Americans with Disabilities Act (ADA) when it terminated police officer Matthew Weaving, who suffered from attention deficit hyperactivity disorder (ADHD). The city then appealed the district court’s earlier denial of its motion for summary judgment to […]
Earlier this summer, the California Supreme Court issued its decision in the matter of Iskanian v. CLS Transportation Los Angeles, LLC, ___ Cal.4th ___, No. S204032 (June 23, 2014), wherein an employer was seeking to enforce a collective action ban contained in its arbitration agreement. In opposition to CLS Transportation’s attempt to enforce the waiver, […]
Last Friday, the California Civil Rights Law Group – in partnership with The Armstrong Law Firm – filed a lawsuit in Alameda County on behalf of a Livermore-based employee who claims he was subjected to a steady stream of racial harassment over the course of three years at Vulcan Materials Co. Gordon Tillman, who is […]
I had the honor of co-authoring this article with employment attorney Kelly Armstrong of The Armstrong Law Firm. The article was originally published by the American Association of Justice in the fall 2013 edition of its Connections Count newsletter (PDF). Following the Supreme Court’s rulings on the Defense of Marriage Act (1 U.S.C. § 7 […]
For many years, the wider community have agreed everyone is entitled to a workplace that is free from sexual harassment. To make this community value law, the California government established the Fair Employment and Housing Act (FEHA). However, not every issue can be dealt with at once, so there have been amendments to the FEHA […]
In Gonzalez v. Downtown LA Motors, LP., the California Court of Appeal held that to comply with minimum wage requirements in California, piece-rate employees must be paid a separate minimum wage for non-piece-rate work. FACTS OF THE CASE The plaintiffs were employed as automotive service technicians for Downtown LA Motors, LP (DTLA). The technicians were […]