NEWS

Today, the Ninth Circuit Court of Appeals upheld the San Francisco Health Care Security Ordinance's ("HCSO") Employer Spending Requirement ("ESR"). The HCSO, which had been signed into law by Mayor Gavin Newsom in July 2006, required employers of non-profit companies...

The California Supreme Court issued its much-anticipated decision today in Edwards v. Arthur Andersen LLP. In Edwards, the Supreme Court reviewed a court of appeal decision relating to the validity of non-competition agreements and the permissible scope of employment...

On Friday, the California Court of Appeal issued a decision that could have a significant impact on the judicial enforcement of binding arbitration clauses contained in employment contracts. In Pearson Dental Supplies, Inc. v. Superior Court of Los Angeles, the Court...

The Court of Appeal for the Fourth Appellate District issued a significant decision today in Brinker Restaurant Corp. v. Superior Court. Among several key findings was the Court's holding that employers need only provide meal breaks to employees, not ensure that the...

On June 18, 2008, the Ninth Circuit Court of Appeals addressed the issue of an employee's expectation of privacy in text messages sent and received via employer-provided devices, holding that an expectation of privacy depends on both the written policies and the...

Yesterday, the United States Supreme Court resolved a split among the circuits, holding that the employer has the burden of persuading a fact finder that an employment practice with a disparate impact on older workers does not give rise to age discrimination liability...

On Tuesday, the U.S. Supreme Court issued a decision that makes it easier for workers to sue employers who retaliate against them for reporting bias. In CBOCS West, Inc. v. Humphries, 2008 WL 2167860 (S. Ct. May 27, 2008), the Court held that employees are not limited...

Yesterday, the California Supreme Court held in a 4 to 3 decision that non-employer individuals cannot be held liable for retaliation claims brought under California's Fair Employment and Housing Act (FEHA). Jones v. Torrey Pines, (2008) __ Cal.4th __ (S151022)....

Sprint/United Mgmt. Co. v. Mendelsohn In a unanimous opinion issued Tuesday, the United States Supreme Court held that the Tenth Circuit erred in concluding that a district court abused its discretion in disallowing testimony of "similarly situated" employees in an...

An opinion filed last Friday by the California Court of Appeal serves as an important reminder that an attorney fee award may very well be the most expensive part of a liability finding under California's discrimination statute.  Chavez v. City of Los Angeles, 2008 WL...

On Monday, January 28, 2008, President Bush signed into law legislation that expands Family and Medical Leave Act coverage for family members of employees called for military service. The expansion requires employers to offer up to 12 weeks of unpaid, job-protected...

In a 5 to 2 opinion issued yesterday, the California Supreme Court affirmed an employer's right to terminate an employee for marijuana use, even if the employee has a physician's recommendation to use medical marijuana to treat a protected disabling condition. Ross v....

Today, the California Court of Appeal (Second District) held that a forfeiture provision found in an incentive compensation plan that required participants to forfeit unvested stock upon resignation or for-cause termination did not violate the California Labor Code....