Category: Employment Litigation

In its last term, the United States Supreme Court began revamping employee arbitration rights, particularly with respect to class actions. With the current term under way, the Supreme Court has cases in front of it that could further alter these rights. The Court has before it two cases that once again analyze the permissible scope of employer…

When Uber entered the market, it began to revolutionize transportation. However, along the way it has faced obstacles that in many instances have found Uber in court. One major issue it’s facing is the claim by drivers that they are improperly treated by Uber as independent contractors rather than employees. In a current class action…

Give and take. If there is a mantra to closely define employment law developments in California and across the country in 2018, that short push-and-pull depiction might serve just fine. It seeks to impart the notion that both employers and employees will make gains and suffer a few setbacks. And what commentators in a recent…

A hiring manager from another California company wants to know about a worker your enterprise let go several weeks ago. Can you candidly respond that the employee was lazy, ethically suspect and not likely to be a good hire? What if you like that individual, but know that he or she was accused several times…

California State Assemblyman Rob Bonta (D-Oakland) certainly seems like a middle-of-the-road guy seeking to strike a conciliatory balance in workplace legislation he is proposing. Bonta is pushing a would-be law that would extend stated protections to California workers who legally consumer marijuana for health reasons. If enacted, Assembly Bill 2069 would impose a “reasonable accommodation” onus on…

How would you feel upon discovering that, while you are at least as qualified as a co-worker doing the same work as you, that employee makes a materially higher wage than you do? We thought so. Many workers across the country understandably lack specific data on the salary histories and specifics relevant to their fellow…

Managing employees has always been a challenge for any employer, large or small; however, ever since the rise of social media sites like Facebook, the challenge has seemed to grow exponentially. Most recently it seems that the increasing exposure individual actions are receiving is testing employers in new ways. One example is the federal employee…