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Tag Archives: Supreme

Who is the Supervisor? Supreme Court Resolves Long Simmering Question Under Title VII

Posted in Harassment, Labor Law

By:  Chuck Post In Vance v. Ball State University, the Supreme Court clarified a long open question, “Who is a supervisor under Title VII?” The question is important because employers are directly responsible for employee harassment by a supervisor. In the case of worker harassment of a co-worker, however, employer liability is less direct. In the… Continue Reading

Tangled is The Heart: U.S. Supreme Court Rejects “Mixed Motives” As A Basis For Retaliation Claims

Posted in Labor Law, Retaliation and Wrongful Termination

By:  Chuck Post In University of Texas Southwestern Medical Center v. Nassar, the Supreme Court held that employees must show that “but for” the employer’s desire to retaliate, the employee would not have suffered an adverse action (demotion, termination, etc.) against him/her. Lower courts had been split over whether the “but for” standard was the… Continue Reading

California Supreme Court Grants Review of CFRA/FMLA Case Richey v. Autonation, Inc.

Posted in FMLA and Other Leaves of Absence, Labor Law

By:   Chelcey E. Lieber The California Supreme Court recently granted review of Richey v. Autonation, Inc., a Court of Appeal case that vacated an arbitration award in favor of the employer. The Court rejected the employer’s argument that it had an “honest belief” that an employee was misusing his CFRA/FMLA leave, and this honest belief justified… Continue Reading

The California Supreme Court Issued A Win For Businesses Who Prevail In Disability Access Cases In California

Posted in Labor Law

By:  Lizbeth V. West, Esq. On December 17, 2012, the California Supreme Court issued its decision in Jankey v. Lee. The Court ruled that prevailing defendants in disability access cases brought under both the Americans with Disabilities Act (“ADA”) and California Civil Code section 55 are entitled to their attorney’s fees just like prevailing plaintiffs are…. Continue Reading

BREAKING NEWS …. FROM THE CALIFORNIA SUPREME COURT

Posted in Labor Law, Wage & Hour

By:    Lizbeth V. West, Esq. The California Supreme Court just announced this morning that it will issue its decision in the Brinker v. Superior Court case at 10:00 a.m. tomorrow, April 12, 2012. For all of our clients and guests who will be joining us at our Sacramento office tomorrow morning for our Wage & Hour… Continue Reading

California Pre-Employment Arbitration Agreement Ruled Unconscionable

Posted in Employment Contracts and Agreements

By:     Chelcey E. Lieber Including arbitration provisions in employment agreements or employee handbooks is not a guaranteed way to avoid the courtroom. On January 3, 2012, the California Court of Appeal upheld a decision from the Sacramento County Superior Court holding that an arbitration provision contained in a pre-employment agreement was unconscionable, and, therefore, unenforceable.

UPDATED! Brinker: The Wait Is Almost Over

Posted in Wage & Hour

By:       Scott M. Plamondon UPDATED 12/21/2011: Based on the date on which the case was submitted at oral argument, the California Supreme Court was required to render a decision in this matter on or before February 6, 2012. On December 2, 2011, however, the Supreme Court agreed to accept additional briefing regarding whether its decision will… Continue Reading