Tag: Appeals Dist

What Are the Rules for Mixed-Motive Bias in California?

In early 2013, the California Court of Appeals ruled in favor of an employee in a so-called “mixed-motive” case (when an employer has both unlawful and legitimate reasons for taking an adverse employment action) brought under the state Fair Employment and Housing Act (FEHA).

New Workers’ Comp Case Is Good News for Employers

Yesterday, we looked at a case in which a brand-new agricultural worker fell off a high ladder, sustaining both physical and psychiatric injuries. Normally a worker has to be with an employer for at least six months to recover for psychiatric injuries—what did the court conclude in this case?

Court Denies Attorney’s Fees for Frivolous Suit Against Manager

When an employee files a lawsuit that turns out to be frivolous, the employer can usually recover its own attorney’s fees expended in defending itself in the case. But now, in a blow for employers, a California appeals court has ruled that Exxon Corp. could not recover attorney’s fees it was required to expend to […]

Why Workers’ Comp Claim Forms Must Be Provided Promptly

A new case underscores the need for employers to bone up on the rules regarding when injured workers must be provided with a workers’ comp claim form. In the case, a California appeals court rejected an argument that David Carls, a sign painter for the Claremont Colleges in Southern California, should be denied workers’ compensation […]

Exempt Employees: How California Employer Won Overtime Exemption for High-Level IT Employee

Skyriver Communications, Inc., a San Diego wireless broadband Internet service provider, employed Mark Combs as director of network operations and classified him as an exempt administrator. Combs spent about 60 to 70 percent of his workday ensuring that the company’s network was operating properly at all times. Combs eventually resigned, and he slapped Skyriver with […]