Tag: California Supreme Court

E-Alert Item: High Court Won’t Review Vegan’s Case

In the November 2002 article, we reported on a California appeals court ruling that veganism–which is the refusal to eat and use any animal products–doesn’t qualify as a religion under state workplace discrimination laws. Now the California Supreme Court has refused the vegan’s plea to review the appellate court’s decision. As a result of the […]

Age Bias: New Legislation Expands State Protections For Older Workers

Earlier this year, we reported on a major California Supreme Court opinion that state anti-bias law doesn’t bar discrimination against older workers in providing fringe benefits such as tuition assistance. Now Gov. Davis has inked into law an amendment to California’s Fair Employment and Housing Act that undoes the high court’s ruling and brings California in […]

Bulletin Item: Supreme Court to Review Overtime Class Action Case

We earlier reported on a California appeals court ruling thata class action alleging that Sav-On Drug Stores misclassified managers as exempt from overtime couldn’t proceed. The court’s reasoning was that whether or not each manager was properly classified as exempt was an issue that was individual to each store and therefore couldn’t bedecided on a […]

Employee Lawsuits: Workers’ Comp Release Bars Harassment Claim; 3 Tips On Drafting Releases That Stand Up In Court

No longer limited to back injuries and broken bones, workers’ comp claims have taken on new meaning over the past decade as stress-related claims have become commonplace. While some employers throw their arms up in frustration, a new California Supreme Court ruling demonstrates how handling this kind of claim wisely can limit your exposure to […]

Electronic Surveillance: California Supreme Court Rules On When A Phone Conversation Is Confidential; How To Monitor Employee Calls Without Getting Sued

A new California Supreme Court ruling highlights a state law that prohibits the secret tape-recording of phone conversations. Although the case didn’t involve an employer-employee dispute, it has important workplace implications. We”ll explain the decision and provide guidelines on when you can legally monitor employee phone calls. Wife Allegedly Plots To Kill Sick Husband The […]

Independent Contractors: California Supreme Court Clarifies Whether You Can Be Sued When A Contractor’s Employee Is Injured On The Job; 5-Point Plan To Protect Yourself

For several years, the California Supreme Court has wrestled with the issue of when the employee of an independent contractor can sue the company that hired the contractor for on-the-job injuries rather than just collect workers’ compensation benefits. Now the high court has issued two new opinions further clarifying when you can be sued for […]

Mandatory Arbitration: Ninth Circuit Tosses Out One-Sided Agreement

Last year, the U.S. Supreme Court approved the use of mandatory arbitration agreements for employment disputes in a lawsuit brought by a Circuit City employee. But now the Ninth Circuit, after taking a second look at the arbitration provisions in that case, has tossed out the agreement, ruling that it was unduly lopsided and didn’t […]

Workplace Roughhousing: Co-Workers Can Be Sued Only If They Intended To Cause An Injury; Take Steps To Avoid Problems

Manuel Torres installed tires for Parkhouse Tire Service in San Diego. One day while he was working on his knees, Parkhouse sales representative Roy Naas sneaked up behind Torres, grabbed his back-support belt, lifted him off the ground and dropped him back on his knees. Torres suffered a serious back injury and couldn’t return to […]

Reasonable Accommodation: New Ruling Expands Time Limits For Disabled Employees To Sue; Practical Impact

Under California anti-discrimination law, a disabled employee typically has only one year from the date of a firing, demotion or other wrongful employment action to file a lawsuit. But now the California Supreme Court has ruled that disabled workers may be able to sue for discrimination incidents that occurred many years earlier. We’ll tell you […]

News Notes: Employers Not Strictly Liable For Supervisor Sexual Harassment

When Leslie Kohler sued under California’s Fair Employment and Housing Act claiming that her supervisor at Inter-Tel Technologies sexually harassed her, Inter-Tel said it wasn’t liable because it had taken reasonable steps to prevent harassment and Kohler had unreasonably failed to take advantage of the employer’s corrective opportunities by failing to report the incidents. Kohler […]