Insights

As many out-of-state companies have learned to their regret, California (unlike virtually every other state) has a strong public policy against the enforcement of restrictive covenants in the employment context, such as...

The Americans with Disabilities Act (the “ADA”), 42 U.S.C. § 12101 et seq. prohibits discrimination in the hiring, advancement or discharge of a “qualified individual with a disability.” A...

As of January 1, 2000, employers in California who offer paid sick leave to their employees are required to allow those employees to use up to one-half of their yearly accrued sick leave to attend to a child, parent or spouse...

On January 21, 2000, the U.S. Court of Appeals for the Second Circuit in New York affirmed summary judgment for an employer whose recording of employee telephone conversations had been challenged as a violation of federal...

On December 20, 1999, a jury in San Francisco awarded $180,000 in compensatory damages and $1,080,000 in punitive damages to a former employee who was terminated by reason of her refusal to sign a non-compete...

The federal Civil Rights Act of 1991 amended Title VII to provide for a right to trial by jury, and to provide for recovery of punitive and compensatory damages. However, the Civil Rights Act of 1991 also established for a...

The federal Family and Medical Leave Act of 1993 (the “FMLA” or the “Act”), requires covered employers to provide eligible employees with up to 12 weeks of unpaid leave during any 12-month period for...

JUNE 1998: U.S. SUPREME COURT ANNOUNCES A NEW AFFIRMATIVE DEFENSE TO CLAIMS OF HOSTILE ENVIRONMENT SEXUAL HARASSMENT Many employers are already familiar with the pair of sexual harassment decisions announced by the U.S....

Attorneys for discrimination plaintiffs often perceive a tactical advantage in naming as defendants not only the corporate employer but individual managers or supervisors as well. For example, naming individuals as defendants...

The California Labor Code gives the Labor Commissioner the authority to enforce a number of provisions of state labor and employment law, primarily involving wage and hour questions. Effective January 1, 2000, the Labor Code...