Supreme Court Announces It Will Decide if the Civil Rights Act of 1964 Applies to Gay and Transgender Workers

Title VII of the Civil Rights Act of 1964 is one of the principal laws that employees can use to hold employers accountable for discrimination in the workplace. The law forbids discrimination in hiring, firing, or job opportunities based on race, color, religion, sex, or national origin. The Supreme Court has agreed, a...

Supreme Court Invalidates Class Action Lawsuit on the Basis It Wasn’t Expressly Authorized

The trend of the US Supreme Court to make it harder for consumers and employers accountable continued with a 5-4 decision in the case of Lamps Plus, Inc. v. Varela. More and more the Supreme Court, according to Slate Magazine, which reported on the Lamps Plus, Inc. case, is favoring employers who draft employment contr...

New Ninth Circuit Ruling Applies Dynamex Decision Retroactively – Making It Hard to Say Workers aren’t Employees

The San Francisco Chronicle reported on May 2, 2019, that the California Supreme Court Dynamex decision can be applied retroactively. Dynamex changed the rules in the new gig economy – the sector of the economy that uses apps to help drive business while giving workers flexible hours. Both the Dynamex decision and...

US Supreme Court Wont’ Hear Post-Escobar FCA Materiality Case

The US Supreme Court allowed a False Claims Act case to continue when it declined, according to a Law 360 article, to consider an appeal of the Sixth Circuit decision. That decision allowed the claim of a relator against the Brookwood Senior Living Communities Inc. to continue. The relator claimed that the company “...

New Law Explains Employers Rights to Ask about Prior Criminal Convictions

New Laws for California Employees on Background Checks Forbes reported that effective January 2, 1029, California employers will have to comply with a new law called the California Fair Chance Act. The law requires that employers in both the private and public sector delay any background checks until the employer make...

New Bill Seeks to End Mandatory Arbitration Contracts

Vox reported in Mid-November 2018, that the federal House of Representatives is considering a new law which will ban businesses from forcing workers to sign mandatory arbitration clauses before they could be hired. New York Representative Jerrold Nadler and other House Democrats introduced a bill called the Restoring J...

Former Employee Wins $11.1 million judgment against Hologram Production Executive

Former Employee Wins $11.1 million judgment against Hologram Production Executive The Los Angeles Times reported on April 27, 2019, that a 42-year old woman was awarded $3.1 million in compensatory and non-economic damages and $8 million in punitive damages – for her sexual harassment lawsuit. Ms. Chastity Jones b...

3M Agrees to Settle False Claims Complaint for Defective Earplugs for $9.1 Million

The Department of Justice announced on July 26, 2018, that 3M Company had agreed to pay $9.1 million pursuant to a False Claims Act initiated through the Acts' qui tam, whistleblower, provisions. The False Claims Act was enacted during the administration of Abraham Lincoln. It authorizes claims against any person or co...

The #MeToo Movement and Civil Lawsuits

2018 saw the rise of a new movement – the #MeToo movement. Women began to disclose experiences of sexual harassment and abuse in the workplace. A chorus of victims stepped forward. The #MeToo movement started in October 2017 on social media. As a result of the movement, criminal cases have been brought against some o...

What Criminal Records Can’t Be Reviewed by a Prospective Employer

The new ban the box law in California provides that employers must wait until a conditional offer of employment is made before they conduct a criminal background check. The law prevents the prescreening of applicants. In this way, the decision to hire the applicant is based on his/her abilities. Once the offer of em...