California Labor and Employment Law

Shocker - U.S. Supreme Court Rules in Favor of Employees!

The U.S. Supreme Court has been decidedly anti-employee and pro-employer ever since Dubya-appointed Justices Roberts and Alito joined the bench. The Supreme Court’s infamous and awful Ledbetter v Goodyear ruling (and Congress’s voting down of the law intended to overturn Ledbetter) seemed to be clarion call (more…)

Popularity: 16% [?]

Longshorewoman Wins $1.2 Million Jury Award for Retaliation

Fellow attorney Tony Luti reports a $1.2 million award to a longshorewoman in a retaliation lawsuit against her employer, Pacific Maritime Association. Plaintiff Catherine McCoy was a third generation dockworker who had worked the waterfront for 18 years. She and five other African-American women had filed a lawsuit against employer Pacific Maritime Association (PMA) in 1998. (more…)

Popularity: 34% [?]

Teacher Wins $1.8 Million Jury Award for Wrongful Termination

Fellow attorney Mary-Alice Coleman reports a $1.8 million award to a teacher in a wrongful termination, whistleblower retaliation lawsuit against her former employer, private school operator Phoenix Schools Inc. Jennifer (more…)

Popularity: 39% [?]

Fresno State Women’s Basketball Coach Wins $19.1 Million Jury Award for Discrimination, Retaliation

The Sacramento Bee reports that a Fresno County Superior Court jury on Thursday awarded $19.1 million to former Fresno State women’s basketball coach Stacy Johnson-Klein.

Johnson-Klein had been fired mid-season after less than three seasons as the Bulldogs’ coach. The firing sparked intense (more…)

Popularity: 35% [?]

And the Winner for Most Popular Discrimination Complaint in the US Is . . .

Ever wonder what the most popular discrimination complaint in the US is? According to the Equal Employment Opportunity Commission, the answer is racial discrimination / racial harassment. Following close behind are 2. sex discrimination / sexual harassment, 3. retaliation for making a discrimination complaint and 4. disability discrimination.

I’ve created the below chart from discrimination charge statistics published on the EEOC’s website. Because most people who file an EEOC charge list multiple types of discrimination, the total number of charges is actually less than what’s indicated, (more…)

Popularity: 58% [?]

DLSE: Retaliated Employees Need Not File with State Labor Commissioner

There has been some confusion among federal and state courts in California as to whether an employee who has been the victim of whistleblower retaliation by their employer (under Cal. Labor Code s. 1102.5) must first file a complaint with the Labor Commissioner (under Cal. Labor Code s. 98.7) before they can proceed with filing a lawsuit in court. This is important because it potentially creates yet another hurdle for an (more…)

Popularity: 41% [?]