State Bill 462, enacted in August 2013, amended Labor Code section 218.5. The statute previously provided that attorneys’ fees are recoverable by the prevailing party in lawsuits to recover unpaid wages, to either the employer or employee, whoever wins. Now, it provides that a prevailing employer
Employees Are Protected Under the FEHA Even After Exhausting Leave Under the Pregnancy Disability Leave Law
In Sanchez v. Swissport, Inc., the Appellate Court held that even if an employee exhausts all of the permissible leave under the Pregnancy Disability Leave Law (“PDLL”), they can still file a claim under the Fair Employment and Housing Act (“FEHA”). The plaintiff sued her employer alleging that she
California Supreme Court Rules On The Mixed Motive Defense
In Harris v. City of Santa Monica, the California Supreme Court ruled that under the Fair Employment and Housing Act (“FEHA”), when a jury finds that unlawful discrimination was a substantial factor motivating a termination of employment, and when the employer proves it would have made the same
Arbitration Award Vacated: CFRA Entitles Employee To Reinstatement
In Richey v. AutoNation, Inc., the Court held that an employer’s good-faith belief that employee was misusing medical leave did not justify terminating his employment. The plaintiff, a sales manager at the car dealership, was on medical leave protected by the California Family Rights Act (“CFRA”).
Federal Arbitration Act Controls Dispute Over Oklahoma Non-Competition Agreement
In Nitro-Lift Technologies, L.L.C. v. Howard, the United States Supreme Court reversed a decision by the Oklahoma Supreme Court. The Supreme Court held that the Federal Arbitration Act has supremacy over a state law that limits the enforceability of non-competition agreements. By declaring the
Plaintiff Who Did Not Sign Arbitration Agreement Was Not Required To Arbitrate
In Gorlach v. The Sports Club Company, the plaintiff filed a lawsuit for wrongful termination, retaliation, sexual harassment, intentional infliction of emotional distress, defamation, breach of contract, and negligence. The employer attempted to enforce an arbitration agreement. The parties agreed
Appellate Court Upholds Denial Of Arbitration In Wrongful Termination Case
In Sparks v. Vista Del Mar Child and Family Services, the Court of Appeals upheld a trial court’s decision denying defendant’s petition to compel arbitration of the wrongful termination claims of its former employee. There, Plaintiff filed a wrongful termination complaint against his former
A Partnership Is Liable For Retaliation Against A Partner For Reporting Harassment
In Fitzsimons v. California Emergency Physicians Medical Group, the Court of Appeals held that the Fair Employment and Housing Act (FEHA) supports a claim for retaliation by a partner against her partnership for opposing sexual harassment of an employee. The defendant was a large California general