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Mitchell F. BoomerBlog Posts

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Settlement Agreements May Trap the Unwary Employer for Court Costs, California Court Instructs

Ambiguity in settlement agreements can sabotage finality and certainty as a recent California decision shows. Where a settlement agreement is silent regarding litigation costs, an employee may obtain mandatory costs as the prevailing party under state law as the settlement proceeds constituted the required “net monetary recovery,” the California Court of Appeal has ruled. DeSaulles … Continue reading Settlement Agreements May Trap the Unwary Employer for Court Costs, California Court Instructs
May 13, 2014

Organ Donor’s Association-Disability Discrimination Claim Can Proceed, California Court Rules

Timing is not everything. In Rope v. Auto-Chlor of Washington System of Washington, Inc., the employer fired an employee for purported performance reasons on December 30, 2010 – two days before California’s Michelle Malkin Donor Protection Act became effective.   The timing was significant because when the employee was hired in October of 2010, he had told … Continue reading Organ Donor’s Association-Disability Discrimination Claim Can Proceed, California Court Rules
November 13, 2013

Protected Status for Veterans

On October 10, 2013, California Gov. Jerry Brown signed a bill, A.B. 556, to add “military and veteran status” to the list of categories protected from employment discrimination under the California Fair Employment and Housing Act (“FEHA”). When this bill becomes operative on January 1, 2014, the FEHA will prohibit harassment and discrimination in employment … Continue reading Protected Status for Veterans
November 12, 2013

Overtime Requirements in the Home

On September 26, 2013, California Gov. Jerry Brown signed a bill, A.B. 241, to give overtime pay to domestic workers such as caregivers, childcare providers, and housekeepers who work in private homes. The bill enacts California Labor Code Sections 1450-1454 and will take effect on January 1, 2014. Under the new sections, domestic employees must be … Continue reading Overtime Requirements in the Home
November 11, 2013

Don’t ask (about my expunged, sealed or criminal records)!

Labor Code section 432.7 prohibits employers from considering, or asking applicants about, information concerning: (1) arrests or detentions not leading to conviction or (2) referral to, or participation in, a pretrial or post-trial diversion programs.  Newly passed SB 530 adds to these restrictions, amending section 432.7 to prohibit employers from asking job applicants about criminal … Continue reading Don’t ask (about my expunged, sealed or criminal records)!
November 8, 2013

You’re going to hear from (but not pay for) MY attorney

A radio program employee who faced substantial liability arising from a tragic on-air “water drinking contest” that ended in a tragic death was named an individual defendant in the survivors’ lawsuit.  The employer offered to defend the employee with a competent attorney of its choosing.  However, the employee took the position that Labor Code section … Continue reading You’re going to hear from (but not pay for) MY attorney
September 23, 2013

You Mean You Don’t Pay Me to Sleep?

So asked a class of security guards who sought payment for all on-call time, including time spent on-call over weekend nights in company provided trailers.  The company did not pay them for an 8 hour period during which employees could sleep and refresh while on-call unless they were directed to conduct investigations during the on-call … Continue reading You Mean You Don’t Pay Me to Sleep?
September 20, 2013

California Courts Continue to Embrace Binding Arbitration Agreements

With increasing frequency, California courts (especially federal district courts) are enforcing binding arbitration agreements between employers and employees.  In Richards v. Ernst & Young, No. 11-17530 (9th Cir. Aug. 21, 2013), the Ninth Circuit recently reversed a denial of the employer’s motion to compel arbitration of the employee’s wage and hour claims.  In so doing, … Continue reading California Courts Continue to Embrace Binding Arbitration Agreements
September 20, 2013

DLSE Tightens Tax Reducers’ Belt

'tax reducer' bain 'labor code'
September 19, 2013

We’ll always have Harris

In Harris v. City of Santa Monica, 56 Cal. 4th 203 (Cal. 2013), the California Supreme Court ruled that, to prevail in a mixed motive employment discrimination action, the employee must show that unlawful discrimination was a substantial factor motivating the adverse employment decision.  Further, in mixed motive cases, if the employer proves that it … Continue reading We’ll always have Harris
September 19, 2013

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