This Week Pregnancy Discrimination Strikes Again and More

In a recently filed case, a California court saw an office assistant claiming that she was discriminated against due to her pregnancy and ultimately wrongfully terminated in retaliation.  The Plaintiff filed the lawsuit against both her staffing agency, Williams Lea, Inc., and the client law firm Arnold & Porter, ...

Rite Aid Worker’s Case on Appeal; Lessons Learned from Discrimination Cases

An interesting case this week saw an appeal by a discharged Rite Aid employee who was awarded $113,000 by a jury for wrongful termination. The appeal sought damages amounting to $1.2 million. In this case, a former loss prevention manager investigated the illegal practice by Rite Aid of not removing out of date food an...

Long Term Care in California, Fertile Ground for Increased Litigation

An alarming trend of elder abuse cases is causing uproar in California’s courts.  A recent case in Sacramento exemplified how one of the causes for elder abuse, understaffing at a Skilled Nursing Facility (“SNF”), led to a resident’s death.  After a civil lawsuit against the SNF was settled for nearly $3 mill...

Age and Disability Discrimination in the Entertainment Industry

A California court this week heard arguments in a case by a former “The Young and the Restless” star who claims she was retaliated against. The Complaint’s main allegation is that Sony Pictures refused to rehire Actress victoria Rowell after she quit over supposed racial discrimination in the soap opera field. Ho...

Federal Court: Uber Drivers Are Employees, Not Independent Contractors

After months of speculation, a federal court in Northern California held that drivers for Uber are employees and not independent contractors due to Uber's control over the drivers' schedules, routes, pay, and training. The court was considering whether to certify a class action of thousands of drivers who had signe...

New Law: Professional Cheerleaders in California Are Now Employees

A new bill signed into law by Governor Jerry Brown requires that cheerleaders working for professional football and basketball be classified as employees and be paid at least minimum wage. AB 202 is a new and pioneering law of its kind and follows a number of lawsuits filed by cheerleaders against professional spor...

Employee Rights Update: Job Application Inquiries and Arbitration Agreements

Permitted inquiries in an employment application: BMW recently had to settle with the U.S. Equal Employment Opportunity Commission for its alleged illegal criminal background checks on African-American job applicants.  The main issue alleged was that the overly-broad inquiries into the applicants’ past created the ...

Employee Rights Update: Age/Disability Discrimination and Proper Evidence Collection

A recent federal case involved a nurse who worked at a nursing home and suffered from impaired vision.  After getting terminated, the nurse sued for age and disability discrimination as well as retaliation against the employer since her termination came a few days after she filed an Equal Employment Opportunity Commis...