Orange County Employment Law Blog
Increased Protections for Employees Who Exercise Rights Under California Labor Code Section 98.6
As of January 1, 2014, employees in California enjoy greater protections for exercising their rights under California Labor Code Section 98.6, which previously prohibited employers from discharging or discriminating against employees for exercising their rights, now...
Whistleblower Protection Expanded in California
As of January 1, 2014, California’s Whistleblower protection statute, Labor Code Section 1102.5, has been expanded to prohibit retaliation by any person acting on behalf of an employer. In addition, the law protects from retaliation employees who disclose information...
Refusal to Reimburse Employee’s Expenses May Support Claim for Constructive Discharge
In Vasquez v. Franklin Management Real Estate Fund, Inc., ___ Cal.App.4th ___ (Dec. 3, 2013; pub. ord. Dec. 31, 2013), the California Court of Appeal (Second Appellate District, Division Four) reversed the Los Angeles County Superior Court court’s ruling sustaining...
Ban on Smoking in the Workplace May Apply to Businesses Even When They Have No Employees
On December 20, 2013, the California Attorney General Issued a Published Opinion (AG Opn. No. 12-901 12/20/13) which concludes that an owner-operated business with no employees nevertheless constitutes a “place of employment” under Labor Code section 6404.5 (which...
Clause in Arbitration Agreement That Arbitrator’s Award is Final and Non-Appealable is Invalid
In re Wal-Mart Wage and Hour Employment Practices Litigation, ___ F.3d ___ (9th Cir. Dec. 17, 2013), the Ninth Circuit Court of Appeals affirmed the order of the U.S. District Court for the District of Nevada which in turn confirmed an arbitration award allocating...
City of San Diego Settles Complaint by DFEH Alleging Sexual Harassment Training Violations
On December 17, 2013, the DFEH and the City of San Diego entered into a settlement agreement that resolves allegations that the City failed to provide adequate sexual harassment training to its supervisory employees, as required by state law. The DFEH filed the...
Employer Must Post Bond and File Notice of Appeal of Labor Commissioner’s Award Within 10 Days
In Palagin v. Paniagua Construction, Inc., ___ Cal.App.4th ___ (Dec. 16, 2013), the California Court of Appeal (First Appellate District, Division Five) reversed the San Francisco County Superior Court court’s ruling in favor of defendant employer on an unpaid wages...
Terminated Employee’s Wages From New Job Not Considered in Jury Award
In Villacorta v. Cemex Cement, Inc., ___ Cal.App.4th ___ (Dec. 11, 2013), the California Court of Appeal (Fourth Appellate District, Division Two) affirmed the San Bernardino County Superior Court court’s order denying Defendant’s motion for a new trial and motion for...
Employment Discrimination Action Dismissed Under California Anti-SLAPP Statute
In Hunter v. CBS Broadcasting, Inc., ___ Cal.App.4th ___ (Dec. 11, 2013), the California Court of Appeal (Second Appellate District, Division Seven) reversed the Los Angeles County Superior Court court’s order denying defendant employer’s anti-SLAPP motion to dismiss....
Employee’s Discrimination Lawsuit Dismissed Because Not Listed as Asset in Bankruptcy Proceeding
In Dzakula v. McHugh, ___ F.3d ___ (9th Cir. Dec. 11, 2013), the Ninth Circuit Court of Appeals affirmed the order of the U.S. District Court for the Northern District of California dismissing Plaintiff’s discrimination claim against her employer, the Secretary of the...