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California Labor and Employment Law 
Legal news & tips for employees.
Post Frequency: 0.2/day Last Entry: January 19, 2013 at 03:26:08 Recent Entries: 67
By Eugene "Gene" Lee, Esq.
Go to California Labor and Employment Law, find other Labor & Employment Law blogs, or browse all law blogs.
What Happens to Huge Verdicts AFTER the Headlines
Posted on January 19, 2013Multi-million dollar verdicts routinely headline the news. But what few seem to know is what happens to those verdicts long after the jury and the public have moved on. More often than not, those verdicts get cut down to size or get lost in a perfect storm of appeals...
Largest Sexual Harassment Verdict in History ? $168 Million
Posted on January 06, 2013A Sacramento hospital has the dubious distinction of being hit with what may be the largest sexual harassment verdict in history. On August 7, 2008, Mercy General Hospital terminated Ani Chopourian, a 45-year-old former cardiac surgery physician assistant who was educated at UCLA and Yale, allegedly for failing to show up for an on-call shift [...
Need Your Faith in Humanity Reaffirmed?
Posted on December 24, 2012Sometimes I go for days without opening a newspaper. It gets downright depressing reading about all the school shootings, political gridlock and homicides. But every now and then, I come across something that actually reaffirms my faith in humanity. Take a look at “26 Moments That Restored Our Faith In Humanity This Year” and be [...
Called as a Witness? Get Your Witness Fees
Posted on December 18, 2012Have you ever been called to testify as a witness at a deposition (a “deposition” is a fancy way of saying a lawyer-conducted witness interview conducted under oath that is recorded by a court reporter) or at a trial? If so, then you have the right to recover “ordinary witness fees”...
Largest Sexual Harassment Verdict in History ? $168 Million
Posted on January 06, 2012A Sacramento hospital has the dubious distinction of being hit with what may be the largest sexual harassment verdict in history. On August 7, 2008, Mercy General Hospital terminated Ani Chopourian, a 45-year-old former cardiac surgery physician assistant who was educated at UCLA and Yale, allegedly for failing to show up for an on-call shift [...
US Supreme Court Says Class Actions Can Be Banned
Posted on April 27, 2011Have you ever sat down and read the “fine print”? That long, boring document with tiny print that falls out of the box of whatever you just bought? Me neither. But maybe we all should from now on. In AT&T Mobility LLC v. Concepcion et ux...
Psychological Warfare in Lawsuits
Posted on April 24, 2011They say war is hell. Well, so is litigation. Things can get downright nasty in the legal trenches. Some lawyers even cross ethical lines and risk disbarment in order to win. In a recent patent infringement lawsuit between warring technology giants Qualcomm Inc...
The Importance of the Judge to Your Lawsuit
Posted on October 10, 2010The Judgment of King Solomon Remember the tale of King Solomon and the dispute over the baby? The tale is recounted in the Bible in 1 Kings 3:16-28. According to the tale, two prostitutes who lived together each had an infant son. One prostitute accidentally smothered her son while sleeping, and then switched her dead [...
When Creditors Come Knocking: Asset Protection Tips for Employees
Posted on March 05, 2010The following article was contributed by our friends at the trusts and estates law firm, The Law Offices of Ernest J. Kim In the current economic climate, many employers are no longer able to generate the same amount of income they did just a couple years ago...
Leave Rights in California: Part 2
Posted on February 01, 2010Getting hurt or sick is no fun, but what’s worse is worrying that you’ll lose your job if you take time off to recover. That’s why employee medical leaves are protected under both the federal Family and Medical Leave Act (FMLA) and the analogous California Family Rights Act (CFRA)...
Leave Rights in California: Part 1
Posted on January 25, 2010Getting hurt or sick is no fun, but what’s worse is worrying that you’ll lose your job if you take time off to recover. That’s why employee medical leaves are protected under both the federal Family and Medical Leave Act (FMLA) and the analogous California Family Rights Act (CFRA)...
Filing a Discrimination Complaint in California
Posted on January 19, 2010In California, employees who wish to file a discrimination lawsuit cannot do so until they first file “charges” with the federal Equal Employment Opportunity Commission (EEOC) and/or the California Department of Fair Employment & Housing (DFEH) and obtain “right to sue” letters...
Sexual Harassment in California
Posted on January 14, 2010It’s hard to believe that sexual harassment still occurs in the modern workplace, but it does. Luckily, Federal and California state laws offer powerful protections against workplace sexual harassment. Under the law, there are two main types of sexual harassment: “Sleep with me if you want to keep your job” Quid pro quo sexual harassment is the type [...
Discrimination Laws in California
Posted on January 08, 2010Both Federal and California laws prohibit discrimination in the workplace based on an employee’s “protected characteristics”. Under California’s broad, pro-employee laws (perhaps the best in the US), “protected characteristics” mean: “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation”...
Los Angeles Courthouses Facing Closure: Expect Big Delays
Posted on January 02, 2010According to an article in the Pasadena Star News, “L.A. County Superior Court faces budget ax; nine courthouses could close”, up to 9 of Los Angeles County’s 50 courthouses may be closed due to California’s ongoing budget crisis...
Happy Holidays and All the Best in 2010
Posted on December 24, 20092009 was a year to forget. Recession (near Depression), bailouts, record unemployment ? all added up to human despair on a scale never before witnessed in recent US memory. At times like this, it becomes all the more important to remember the important things in life, your friends, your loved ones, and compassion for those [...
How to Read an Employment Contract: Part 2
Posted on December 22, 2009Not all employers use employment contracts and not all employees get one. When employment contracts do come into play, they can come in all shapes and sizes. Sometimes they are not written down but have to be pieced together from multiple conversations and emails...
How to Read an Employment Contract: Part 1
Posted on December 17, 2009Not all employers use employment contracts and not all employees get one. When employment contracts do come into play, they can come in all shapes and sizes. Sometimes they are not written down but have to be pieced together from multiple conversations and emails...
Should Workers Be Paid for Answering Emails After Hours?
Posted on December 11, 2009In today’s high-tech world, a constant connection to the web and phone comes at a price for workers: all too often, the office comes home with you. A Pew Internet & American Life Project 2008 study entitled “Networked Workers: Most Workers Use the Internet or Email at their Jobs, but They Say These Technologies are [...
How Much Time Do Lawsuits Take?
Posted on December 02, 2009“You’ll be hearing from my lawyer!” Famous last words. But what does bringing a lawsuit really mean? Make no mistake about it, a lawsuit can be a big commitment, not just in terms of money, but also in time. Your time. I’ve already talked about the costs involved...
Google Offers Caselaw?for FREE
Posted on November 17, 2009Today Google announced the launch of a free federal and state caselaw database that is lightning fast and extremely powerful. It can be found at the “legal opinions and journals” section of Google Scholar. This is big news. Lawyers around the country are rejoicing now...
Free Pamphlets on Labor and Employment Laws
Posted on October 09, 2009The California Department of Fair Employment and Housing (DFEH) publishes numerous free pamphlets on California labor and employment laws. These pamphlets provide a brief but helpful and easy-to-understand explanation of employee rights under California’s harassment and discrimination laws...
Free Video Tutorials on Employment & Labor Laws
Posted on October 04, 2009Interested in a quick overview of California labor and employment laws? Break out the popcorn and turn up your speakers. The California Department of Fair Employment and Housing has released several short videos, 90 seconds to 3 minutes in length each, offering short overviews of housing and employment laws...
District Spends $532k on Lawsuit that Settles for $150k
Posted on October 01, 2009What’s wrong with this picture? A school district spends $532,123 in legal fees and costs to fight a wrongful termination lawsuit; after more than 2 years of litigation, it ends up settling the case for $150,000. According to an article in the Ventura County Star entitled “District spent $532,123 in lawsuit: Case is settled for $150,000, [...
An Ode to Whistleblowers and the Law: Part II
Posted on September 27, 2009Have you blown the whistle on illegal conduct at your workplace? If so, there are state and federal laws that could protect you from retaliation by your employer. For instance, the federal Sarbanes-Oxley Act of 2002 prohibits retaliation against employees of publicly-traded companies who report to the government or their supervisor reasonable suspicions of federal [...
We?ve Been Named a Top 100 Legal Blog!
Posted on September 04, 2009Great news! The Daily Reviewer has just selected “California Labor & Employment Law” as one of its Top 100 Legal Blogs. We’re very excited by the recognition. A big thank you to the hard-working editors at the Daily Reviewer. Keep up the good work and we’ll keep on doing what we’ve been doing and [...
Employers Are Now Screening Employee Facebook and MySpace Pages
Posted on August 20, 2009Do you have a personal account with Facebook, MySpace, Twitter or any of the other social media websites that have become so popular lately? Chances are you do. Or you will soon. The growth of social media sites has been nothing short of breathtaking...
Bad Times, Worse Managers
Posted on August 18, 2009As the world grapples with recession, here’s a look at how company managers have (mis)behaved during a time of high unemployment and off-the-charts human suffering. Job-Seeker Mistreatment. With the tables turned, employers have enjoyed having the upper-hand on desperate job seekers...
Economic Recovery Around the Bend?
Posted on August 16, 2009The signs of recovery (or at least a bottoming out) are there. The US economy shrank just 1% between April and July of 2009, after shrinking at a torrid 6.4% pace in the first quarter. (New York Times). The Dow Jones Industrial Average is at 9,300, up almost 3,000 from its 52-week low...
Dept. of Labor Fails to Protect Workers: ?We have a crisis in wage theft?
Posted on April 08, 2009Is your boss ripping you off by refusing to pay you overtime? Forcing you to work off the clock? Not letting you take meal or rest breaks? If so, you might want to think twice about calling up the U.S. Department of Labor to lodge a complaint. According to a recent GAO report, it [...
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Employment Contracts
General Contract Law Principles
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Discouraging Union Organizers
Strict work place rules
EB-1 and EB-2 Visa Status
Obtaining a Green Card Without Going Through the Labor Certification Process
Employee Lawsuits: Negligent Hiring and Retention
Employers must check references, criminal records, other background material.
Immigration Related Employment Discrimination & Unfair Labor Practices
What to do about employers who discriminate because of national origin
Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
How can an employer defend themselves for firing an employee who contends the company exposed him to hazardardous atmospheres although medical testing has been negative?
You'll need to contact OSHA to determine your responsibility as far as the work ...
If only one of the parts of an agreement has signed a written contract, can an e-mail be considered an agreement?
No, an email is not considered a contract. At the most is can be considered a wr...
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is===1Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
How can an employer defend themselves for firing an employee who contends the company exposed him to hazardardous atmospheres although medical testing has been negative?
You'll need to contact OSHA to determine your responsibility as far as the work ...
If only one of the parts of an agreement has signed a written contract, can an e-mail be considered an agreement?
No, an email is not considered a contract. At the most is can be considered a wr...
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