Category: Employment Litigation
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Actions that could be considered pregnancy discrimination
Last updated on February 26, 2025Some people across California, including business owners and individuals alike, may have read our blog post at the beginning of the year in which we talked about pregnancy discrimination in the workplace. We discussed what pregnancy discrimination is and touched on the fact that employers who fail to follow state and federal employment laws could…
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A slippery slope: workers’ comp claim, alleged company retaliation
Last updated on February 26, 2025A California worker files a workers’ compensation claim following an on-the-job injury and is terminated from his or her employment shortly thereafter. Is such a fact scenario likely to pique the interest of a jury? It likely will, states an article noting that workers’ comp retaliation is “becoming a rapidly growing field within employment law.”…
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A rare ruling on the enforceability of arbitration clauses
Last updated on February 26, 2025For businesses, arbitration represents an efficient and cost-effective means to resolve employment-related disputes outside of the courtroom. Rulings are final and binding with limited grounds for review or appeals. Final decisions are rarely made public, unlike court rulings. Many judges see arbitration as a process that provides relief to their overloaded dockets. However, one judge…
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2017 labor law change affects many California agreements
Last updated on February 26, 2025When a legal commentator refers in a recent article to something that “every employer [in California] should know,” she is referencing a new statutory enactment that took legal effect from the first of the year. Specifically, that is section 925 of the California Labor Code, which rolls out a new provision applicable to choice-of-law and forum…
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California judge reverse his own decision after reconsideration
Last updated on January 31, 2025As some of our readers may already know, the ridesharing service Uber uses a smartphone application to connect people in need of transportation with drivers who are willing to provide it. The service is now available in a number of cities across the nation and has gained thousands of followers. But the company has also…
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Will there be legal issues for employers of fast food protesters in California?
Last updated on January 31, 2025In San Diego this week, as well as in other cities across the nation, a large number of fast food workers hit the streets to protest low wages in the food service industry, further raising awareness about minimum wage and the fact that it may not be sufficient enough to stay above the poverty line…
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Covenants not to compete
Last updated on January 31, 2025While not always, non-compete agreements, sometimes called “covenants not to compete,” often appear in the employment agreement context. They are typically intended to prevent an employee from accepting later employment with a competitor of the employer within a certain geographical area and for a certain amount of time. Unfortunately, while employers like these provisions, they…
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An Employer’s Duty to Track Employee Time Grows
Last updated on December 20, 2024Keeping track of employee time to ensure wages are properly paid as required by law can be tricky. A new California Supreme Court ruling just made the requirement that much more taxing for employers of all types. In a case brought against Starbucks, an employee alleged he was required to perform several job duties after…
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An Epic Decision on Arbitration for Employees
Last updated on December 20, 2024The U.S. Supreme Court’s latest employment litigation decision requires employees to focus on all the terms of the employment contracts they sign with their employers. When negotiating an employment contract, to the extent an employee can, people tend to focus on one main thing: pay. After that, some may be thinking about benefits and holiday time…
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Fair Credit Reporting Act Class Action Defeated.
Last updated on November 21, 2024In June 2018, Larson & Gaston’s employment litigation lawyers, led by Victor Cosentino, defeated a certified, nationwide, federal class action in the Central District of California for alleged violations of the Fair Credit Report Act’s (FCRA) authorization, disclosure and notice provisions, 15 U.S.C. § 1651b. The case was brought against a national motor carrier, a client of the…
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Pregnancy: what businesses need to know to avoid litigation
Last updated on November 21, 2024A lot of entrepreneurs consider owning and running their own business to be an exciting adventure. Not only do you get to help your product or service grow and prosper, you get to dabble in other things, such as the law, which can be just as exciting (and important) as keeping your business alive. As…
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Five Important Employment Laws Every Employer Should Know
Last updated on November 21, 2024The law has always presented a unique challenge for businesses across the nation. Not only are they bound by federal laws but those of the states in which they operate their business as well. But owners and managers not only want to make sure that they are following the law but that their employees are…
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SCOTUS sends Young v. United Parcel Service back to lower courts
Last updated on November 21, 2024Whether you’re a business owner or an employee here in California, it’s important to have at least a general understanding of business and employment law. That’s because having a familiarity with the law can help you recognize situations in which a person or business may be violating the law. More importantly, it will help prevent…
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Using temp workers loses some of its appeal
Last updated on October 22, 2024Recently, California enacted a new law applicable to companies using temp workers. Assembly Bill 1897, codified as section 2810.3 of the California Labor Code became effective in 2015. Under the new law a company using temp workers will be liable to the workers supplied by the temp agency for wage and hour violations. Previously, a company…
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Wal-Mart insists closing of Pico Rivera store wasn’t retaliation
Last updated on October 11, 2024Because of the rising awareness of employment laws, many workers across the nation, including here in California, have started watching every step business’ make. In some cases, a company may be under such intense scrutiny that workers believe the company is violating the law when in fact they are in full compliance. As you can…
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Enterprise agrees to settlement in age discrimination case
Last updated on October 11, 2024It seems surprising in an era where people are living longer, healthier lives and working well into their late sixties and seventies that age discrimination would remain a problem, especially for 40 year olds. But, it is. In Los Angeles, the Enterprise Rent-A-Car company has come to a compromise and settled an age discrimination…
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Employment law: a broad focus for experienced legal counsel
Last updated on October 1, 2024Today’s post takes a topical look at employment law issues in California. As we note on our Employment Law website page at the Pasadena-based law firm of Larson & Gaston, LLP, serving clients across Los Angeles County and Southern California, that centrally involves “the relationship between companies and individuals.” How complex is that? We would simply answer that…
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The Zika virus: an employer’s perspective
Last updated on September 30, 2024Employers in California and elsewhere obviously have to pay attention to many things. Including mosquitoes. In this modern day and age, it doesn’t take long for global medical authorities to identify dangerous viruses and diseases — regardless of source — and seek to combat them through public education, travel restrictions, interventionary care and other measures.…
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U.S. Soccer targeted by women players: Why are men paid more?
Last updated on September 30, 2024Anyone seeking to justify the above-cited reality in today’s blog entry headline might have a hard time doing so in light of stark empirical evidence. To wit: While the American men’s national team has won virtually nothing of consequence since its inception, the women’s team has won, well, everything. And more than once, with a…
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Dynamex ABC Test alters transportation law
Last updated on September 20, 2024Since April 30, 2018, when the California Supreme Court issued its decision in Dynamex Operations West. v. Superior Court, California motor carriers, as well as many other businesses, have been struggling to deal with the unexpected new “ABC test” for deciding who is an independent contractor and who is an employee. Under its problematic B prong,…