Legal Insights
DOL Withdraws Guidance Letters Leaving Employers To Pick Up The Pieces
By Sweta Patel. On June 7, 2017, the U.S. Secretary of Labor Alexander Acosta announced withdrawal of the U.S. Department of Labor's ("DOL") guidance on independent contractors and joint employment issued during the Obama administration, with issuing replacement...
California Supreme Court Invalidates Arbitration Clauses Which Preclude Public Injunctive Relief
By Michael Early In McGill v. Citibank, ____ Cal.4th ____ (2017), decided on April 6, 2017, the California Supreme Court made yet another effort to avoid the long reach of the Federal Arbitration Act by ruling that an arbitration agreement that prevents a plaintiff...
KHI&P client prevails in Anti-SLAPP appeal
On February 21, 2017, KHIP client Thrifty PayLess, Inc. (dba Rite Aid) prevailed in its defense of plaintiffs' appeal of a trial court order granting Rite Aid's Anti-SLAPP motion. The case concerned an attempt by Plaintiffs to fill prescriptions at a San Leandro,...
California’s Itemized Wage Statements: Avoid Hefty Fines
By Sweta H. Patel Check your California wage statements to ensure you are in compliance with the law and then check them again. Complying with California’s itemized wage statement requirements is relatively straightforward. However, noncompliance could result in hefty...
California’s Fair Pay Act: an Opportunity for Employers
By Eileen Rice California employees have been protected for decades by equal pay provisions under both state and federal legislation, yet a significant wage gap between male and female workers remains. California made history when the governor signed the California...
Think you don’t have a written contract with your employer? Think again!
By Michael Early Advice for employees who are contemplating a move to a competitor. Most California employees are at will and can be fired at any time. Many employees are nevertheless bound by agreements that benefit their employer, and which they are unaware of until...
Pre-trial settlements by one defendant lead to issue for the non-settling parties
By Sweta Patel A recent Second District Court of Appeals decision illustrates how the intersection of three laws can significantly reduce damages at trial. In Rashidi v. Moser, 219 Cal. App. 4th 1170 (2013), the defendant utilized the Medical Injury Compensation...
The “New” Evidence. . .Email And Other Electronic Communications Can Define A Company’s Defense In An Employment Discrimination Lawsuit
By Rachel Hulst Email has been a primary source of communication in the business space for nearly 15 years. Today, most of us receive and respond to dozens of emails a day. We use it constantly, to chat with coworkers, to spell out work assignments, to receive...
SUPREME COURT ADOPTS RESTRICTIVE DEFINITION OF “SUPERVISOR” FOR EMPLOYER’S TITLE VII VICARIOUS LIABILITY
By Michael Early On June 24, 2013, the US Supreme Court issued its long-awaited decision in Vance v. Ball State University, upholding a Seventh Circuit decision that an employee is a “supervisor” for purposes of an employer’s vicarious liability under Title VII only...
Court of Appeals Strikes Down NLRB Employer Posting Requirement
By Michael Early On May 7, 2013, the United States Court of Appeals for the D.C. Circuit struck down the NLRB’s August 30, 2011 Final Rule requiring employers to post notice of employee rights under the NLRA. National Association of Manufacturers, et al. v. NLRB, Case...