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Did you know that conduct resulting from a disability, even a misconduct, is considered part of the disability, and the employee cannot be fired or discriminated against based on that misconduct? A series of Ninth Circuit opinions have held that “conduct resulting from a disability is considered part of the disability, rather than a separate […]

In employment cases where employee claims violation of California’s anti-discriminatory laws codified by Gov. Code, §12940 et seq. (“Fair Employment & Housing Act”) against her employer, employee is entitled to recover attorneys’ fees, costs, and prejudgment interest if she prevails in her claim. “In civil actions brought under this section, the court, in its discretion, […]

A recent California decision held that employers are required to reimburse employees who use their personal cell phones for work-related calls. The reimbursement owed is a reasonable percentage of the employee’s cell phone bill, regardless of whether the employee has cell phone plans with limited minutes or unlimited minutes. Cochran v. Schwan’s Home Service, Inc. (2014) 228 […]

California Labor Code section 1102.5 provides employees protection from retaliatory actions by their employers in response to the employee reporting information about activities the employee has reasonable cause to believe discloses a violation of state or federal statutes or regulations or refusing to participate in such activities. In a recent decision, the California Court of […]

It is a common practice for employers to require employees to sign an arbitration agreement as a condition of the employment. By signing the arbitration agreement, employees agree to present their claims against their prospective employers in arbitration before a neutral person, or a panel of neutral persons, who usually are retired judges or experienced […]

In Mokler v. County of Orange (2007) 157 Cal.App.4th 121, 144, the Court surprisingly held that three incidents of harassment over a five-week period of time, which involved no physical threats was insufficient as a matter of law to constitute sexual harassment. The first incident occurred on January 29, 2003. Norby a newly elected supervisor introduced himself […]

Whistleblowing The United States Supreme Court recently addressed the Sarbanes–Oxley Act’s application to employees of private contractors and subcontractors. In Lawson v. FMR LLC (2014) 134 S.Ct. 1158, former employees of private companies that contracted to advise or manage mutual funds brought suit against their former employers, in which they alleged retaliation in violation of the whistleblower […]