Los Angeles, CA: A California ERISA lawsuit that began life in the Golden State only to wind up in the highest court in the land was finally resolved this past August with a decision favoring the plaintiffs.
Sacramento, CA: A new year often brings changes and updates to regulations requiring the attention of employers in order to avoid the scornful gaze of the California Division of Occupational Safety and Health (known variously as DOSH or Cal/OSHA). With the health and safety of employees coming into greater focus and scrutiny with each passing year, it behooves not only the employer to become conversant with the new rules, but also employees. To wit, an educated employee is better able to know if, and when his rights have been violated under OSHA if properly conversant with the rules, perhaps with help from a Cal/OSHA lawyer.
Los Angeles, CA: In a decision that will be of interest to any California resident intent on bringing individual wage and hour claims against an employer in addition to claims under The Private Attorneys General Act of California (PAGA), a three-judge appellate panel recently determined that any plaintiff having settled individual claims is barred from continuing with a claim under PAGA.
Sacramento, CA: It’s hard to fathom that the number of lawsuits over denied family and medical leave were found to be increasing last year, even though statutes such as the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) have been around for years.
San Jose, CA: The wide-ranging #MeToo movement that has seen scores of women calling out men for harassment, discrimination and other allegations of deplorable behavior has gone beyond media, entertainment and the hallowed Halls of Congress to encompass the judiciary. While there remain no harassment or discrimination lawsuits in the offing, two respected California news sources – including the Los Angeles Times (12/11/17) – nonetheless reveal various examples of behavior towards women, one wouldn’t expect to see in the Halls of Justice.
Los Angeles, CA: Allegations of sexual harassment that is consuming the entertainment, media and government industries and given birth to the #metoo movement, has at its root the various allegations against former media mogul Harvey Weinstein. While none of the allegations against Weinstein and others have yet to be proven in court, the mere allegation of wrongdoing is enough to disintegrate a career overnight, and bring once-mighty dynasties to their knees.
County of Yolo, CA: The recent rash of assault allegations and actual charges against the Hollywood elite, actors, media personalities and even members of US Congress have succeeded in raising the bar when it comes to proper office and workplace decorum and behavior. The issue has become so sensitive and emotionally-charged that an unwanted hug can be interpreted – many say, correctly – as a form of sexual assault. One well-known Hollywood studio head has recently taken a leave of absence voluntarily in order to reflect on his habit of providing warm hugs at the office. For the employer in California, employees rights and compliance to labor laws speaking to sexual and physical harassment are of paramount importance.
Sacramento, CA: Last month the undocumented worker in the State of California won yet another series of protections from those seeking to send them packing for their place of origin, with the signing of Bill SB54 by Governor Jerry Brown October 5. While other states have passed laws in an attempt to better protect their immigrants and undocumented workers, TIME / AP (10/05/17) reports that SB54 is the most comprehensive basket of protections in the country, making California a so-called ‘sanctuary state.’
San Francisco, CA: A class action ERISA lawsuit that combines two separate cases is claiming that a provider of group health insurance is in violation of the Employee Retirement Income Security Act (ERISA, as amended 1974) as well as California state laws in denying coverage for mental health and substance abuse treatments.
Los Angeles, CA: A California wrongful termination lawsuit that also has overtones of sexual harassment and an inappropriate workplace environment was launched in September against NBCUniversal by a former employee of the media company.