Title VII prohibits employers from retaliating against employees who report workplace race or gender discrimination. The issue examined by the US Supreme Court in Crawford v. Metro Government of Nashville, was whether this protection extends to an employee who speaks out about discrimination not on her own initiative, but in answering questions during an
California Employees’ Right To Wear Pants
Yes, the Government Code specifically addresses employees’ right to wear pants to work in California.
Section 12947.5 states:
(a) It shall be an unlawful employment practice for an employer to refuse to permit an employee to wear pants on account of the sex of the employee.
(b) Nothing in this section shall prohibit an employer
Lonely, Scared, Bitter & Defending Lawsuits
This graph is courtesy of Seth Godin. Generous and calm are good business practices to abide by everyday, but I think employers need to especially remind themselves of this practice during these times.
I would also like add another quality in the upper right hand corner – less litigation. Angry and selfish employers leave
On-Call Time – When Do Employers Have To Pay?
The question whether an employer is obligated to pay an employee for time on-call depends on interpretation of the term “hours worked.”
In a recent opinion regarding class action issues (Ghazaryan v. Diva Limousine, LTD), an appellate court offered an analysis of what would be considered “hours worked” and, therefore, entitling the employee
Technology Revolution For The Legal Field
The talk around the Internet these days is all about how times are changing and how someone actually found a use for Twitter. Technology has already changed the legal profession, but we have just barely taken full advantage of the gains that the legal profession can obtain. I believe we are on the cusp
California Supreme Court Grants Review Of Another Meal And Rest Break Case: Brinkley v. Public Storage Inc.
Today, the California Supreme Court granted reivew of Brinkley v. Public Storage, Inc.:
BRINKLEY v. PUBLIC STORAGE INC.
Case: S168806, Supreme Court of CaliforniaDate (YYYY-MM-DD): 2009-01-14
Event Description: Review granted/briefing deferred (8.512(d)(2) civil case)
Notes:
The petition for review is GRANTED. Further action in this matter is deferred pending consideration and disposition of
Appellate Court Allows Class Action Certified For Limousine Driver Case
In Ghazaryan v. Diva Limousine, LTD, the appellate court reversed the trial court’s denial of plaintiff’s class certification motion and remanded the case with instructions that the trial court certify the class action. The case was brought by a limousine driver who filed a wage and hour class action against Diva Limousine, LTD. The
Linkedin Group: California Human Resource Network
Just approved more members to the California HR Network group in Linkedin. There are approximately 100 members currently.
If you are an HR professional with a need to keep current with California employment law, drop me an email to request to join the group, or request to join through Linkedin by visiting here.
Featured in Alltop!
I am proud to announce that the California Employment Law Report is not featured in Alltop – which is a website that collects all of the top news around the Internet.
The CELR can be found in Alltop Law and in Alltop California.
House Approves Two Bills: Ledbetter Fair Pay Act and The Paycheck Fairness Act
Lilly Ledbetter Fair Pay Act:
The Lilly Ledbetter Fair Pay Act is a response to a 2007 Supreme Court decision that made it more difficult to sue over past pay discrimination, and prevented Ledbetter from filing an employment discrimination claim. The WSJ notes this is, in effect, and earmark for the plaintiff’s trial lawyers:
[The