California Labor and Employment Law

A Judge Is (Finally) Forced to Step Down

A little while ago, I posted about Judge James Brooks. He had engaged in shenanigans that turned a trial into a circus and humiliated Michelle Reinglass, one of the leading plaintiff-side trial lawyers in California. Well Judge Brooks has finally gotten what was coming to him. (more…)

Popularity: 19% [?]

‘If you’ve got a job, hang on to it’

It looks like the proverbial bullpucky is hitting the economic fan.

According to an Associate Press news article, Huge Job Losses Set Off Recession Alarms, the U.S. economy lost almost a quarter million jobs in the first three months of 2008 alone. That’s a staggering rate. (more…)

Popularity: 16% [?]

Voir Dire in Other Parts of the Country

It looks like I’m in a “jury duty” state of mind today. Here’s a second interesting post regarding juries, this time the process of selecting a jury.

Just to set the context up, some lawyers believe it is important to have as much time as necessary to conduct voir dire (a fancy way of saying “interview the prospective jurors to weed out the biased ones”). Many judges, however, prefer to limit voir dire because they want to speed the process along and voir dire can be very time-consuming. (more…)

Popularity: 30% [?]

Plaintiff Gets $30,300, His Lawyers Get $1.1 mil.

Many people whose rights have been violated are unable to find an attorney who’s willing to take their case. That is because the amount of money at stake is often just too small to warrant an attorney’s time. Sure we lawyers are interested in doing justice, but we have to feed our families too, just like everyone else.

That is why many civil rights laws also provide for a separate award of (more…)

Popularity: 43% [?]

Harris Poll: 3 of 5 Americans Believe Juries Fair

Harris Interactive has conducted a poll that reveals some interesting things about jury duty and jury trials in America.

Here are some of the key findings:

1. A majority (65%) of Americans have been called to jury duty, but only a quarter actually served on a jury.
2. 3 out of 5 Americans believe juries can be fair and impartial all or most of the time; 2 out of 5 think juries are only occasionally, rarely or never fair and impartial.
3. Blacks were less likely to trust a jury than Whites and Hispanics.
4. More Americans trust a jury (50%) than a judge (23%) to give a fair verdict.
5. In the West, 89% of those who served on juries reported reaching a verdict (higher than any other region of the U.S.), while only 9% said the case settled.
6. The more education one has, the more likely one can avoid serving on a jury.

(more…)

Popularity: 40% [?]

Are Doctors “Employees” of the Hospital?

Are doctors who have privileges at hospitals employees of the hospital or merely independent contractors (i.e., the hospital issues them an IRS Form 1099 at tax-time)? That’s a question that was raised in a case called Salamon v. Our Lady of Victory Hospital. The issue is important because many anti-discrimination and sexual harassment laws cover only employees, not independent contractors. Being called an independent contractor could mean that if your boss or (more…)

Popularity: 35% [?]

Civil Rights Act of 2008?

Good news for employees. Workplace Prof Blog reports on a new Democrat bill introduced in the House and Senate, the Civil Rights Act of 2008, H.R. 2159 & S. 2554, which will significantly expand employees’ rights under federal law. With a Democrat likely to be occupying the presidency for the next term, I think this bill has got a good chance of being passed in some form. Workplace Prof Blog gives the highlights of the bill as follows: (more…)

Popularity: 32% [?]

Why Cursing at a Judge is NOT a Good Idea

I just came across this news story where a fellow called a judge an “SOB” several times. The judge found him in contempt of court and sentenced him to nearly 3 years in prison. Newsflash: judges can throw people in jail for disturbing the decorum of the court. Think twice before taking on a judge. That probably goes for some lawyers too. To read more about it, go this link.

Popularity: 28% [?]

Minimum Wage is Now $8.00 per Hour

As of January 1, 2008, the minimum wage in California increased from $7.50 per hour to $8.00 per hour. For more information, go to the California Department of Industrial Relations.

Popularity: 36% [?]

Senate Passes Legislation to Strengthen Whistleblower Protection Act

Government employees who speak out against corruption, fraud or danger to public safety, usually at great cost to their careers and personal lives, have long found the door to justice slammed shut in their faces. U.S. officials have engaged in nothing less than all-out war to silence and punish whistleblowers. The courts, instead of upholding the law, have (more…)

Popularity: 100% [?]