The Causes of Action Against Defendants in Wrongful Employment Discharge Cases

In the case of the employee who was terminated by Mattel, Inc. after nearly 50 years of service, there are numerous legal causes of actions that our employment lawyers asserted. These causes of actions are often asserted in similar wrongful employment termination cases. They are listed to show what laws and remedies a...

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...

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...

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...

New Law Clarifies Pre-Employment Salary History Questions by Prospective Employer

Employers have the right to ask job applicants many questions but there are certain questions that are improper – out of bounds. A recent bill which was signed into law, Assembly Bill 2282, was enacted to clarify some confusion about what questions are proper and which ones are improper. Prior law Employers can...

New Laws for 2019 – Sexual Harassment and Confidentiality – Libel and Slander

Still another bill signed by Governor Jerry Brown in 2018 to protect victims of sexual harassment and abuse is AB 2770. The aim of this bill is to protect victims and employer by addressing concerns about when complaints about sexual harassment might escalate into a defamation lawsuit. Prior law Prior to Californ...

New Laws for 2019 – Sexual Harassment and Confidentiality – Waiver of Right of Petition or Free Speech

Another bill signed into law by Governor Jerry Brown in 2018 was AB 3109. The law references California’s Constitution which provides that “people have the right to petition the government for a redress of grievances and to assemble freely to consult for the common good. The California Constitution provides tha...

New Laws for 2019 – Sexual Harassment and Confidentiality – Settlements and Non-Disclosure Agreements

Another law signed by Governor Jerry Brown in 2018 was SB 820. The prior law Prior to the passage of this law, settlement agreements could not have a provision that prevented disclosing factual information, related to a civil action that creates a cause of action - for specific listed sexual offenses. The prior l...