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Shocker - U.S. Supreme Court Rules in Favor of Employees!
2008-05-28 21:37:00
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 of the new conservative majority on the Court, causing ...SHARETHIS.addEntry({ title: "Shocker - U.S. Supreme Court Rules in Favor of Employees !", url: "http://www.CALaborLaw.com/2008/05/28/sho cker-us-supreme-court-rules-in-favor-of-e mployees/" });
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I?ll Be Taking A Brief Break from Posting
2008-04-18 03:24:00
My work schedule for the next month is going to be very tight so posts may become more sporadic. I’ll let you all know as soon as I am able to get back to more regular posting. If you’ve got questions, feel free to click on the “Ask An Attorney” tab at the top and ...SHARETHIS.addEntry({ title: "I’ll Be Taking A Brief Break from Posting", url: "http://www.CALaborLaw.com/2008/04/17/ill -be-taking-a-brief-break-from-posting/" });

A Very Bad Judge Is (Finally) Forced to Step Down
2008-04-09 02:21:00
A little while ago, I posted about a Very Bad Judge , 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. On April 4, 2008, the ...SHARETHIS.addEntry({ title: "A Very Bad Judge Is (Finally ) Forced to Step Down", url: "http://www.CALaborLaw.com/2008/04/08/a-v ery-bad-judge-is-finally-forced-to-step-d own/" });
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10 Signs You?re About to be Fired
2008-04-05 21:58:00
Getting fired doesn’t always involve a dramatic showdown meeting with your boss who tells you to pack your things and get out. In an age where employers are paranoid about getting sued by fired employees, firing an employee is often more complicated, involving many subtle steps. As an employee, it’s up to you to spot ...SHARETHIS.addEntry({ title: "10 Signs You’re About to be Fired ", url: "http://www.CALaborLaw.com/2008/04/05/10- signs-youre-about-to-be-fired/" });

?If you?ve got a job, hang on to it?
2008-04-04 23:02:00
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. Stuart Hoffman, chief economist for PNC Financial Services Group is quoted ...SHARETHIS.addEntry({ title: "‘If you’ve got a job, hang on to it’", url: "http://www.CALaborLaw.com/2008/04/04/if- youve-got-a-job-hang-on-to-it/" });
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Fired Chase Manhattan Employee?s Recovery for FMLA Violations Could Exceed
2008-04-04 20:52:00
According to a Law.com news article, FMLA Verdict Could Cost Chase Manhattan $7.6 Million, Nicholas Lore, a 63-year old Chase Manhattan regional manager who was fired after making several requests for medical leave for a serious health condition under FMLA (Family Medical Leave Act), may be due for a big recovery. The employer, in typical ...SHARETHIS.addEntry({ title: "Fired Chase Manhattan Employee ’s Recovery for FMLA Violations Could Exceed $7 Mil.", url: "http://www.CALaborLaw.com/2008/04/04/fir ed-chase-manhattan-employees-recovery-for -fmla-violations-could-exceed-7-mil/" });

Fat-ism More Widespread than Racism
2008-04-03 11:48:00
Did you know that it is NOT illegal to discriminate against someone because they are fat? There are federal and state laws against discrimination based on race, gender, national origin, sexual orientation, disability, medical condition, religion, etc. However, Michigan stands alone in having an anti-fat-ism law. According to a new study from Yale University as reported ...SHARETHIS.addEntry({ title: "Fat-ism More Widespread than Racism ", url: "http://www.CALaborLaw.com/2008/04/03/fat -ism-more-widespread-than-racism/" });
More About: Gender

An Act of Unspeakable Goodness
2008-03-28 04:14:00
Ever come across a story that just leaves you speechless? Here’s the story that did that to me. I hope it brings a smile to your face, just like it did to mine. Starbucks barista Sandra Andersen only knew Annamarie Ausnes as an upbeat customer who would come in the mornings to order her usual cup ...SHARETHIS.addEntry({ title: "An Act of Unspeakable Goodness ", url: "http://www.CALaborLaw.com/2008/03/27/an- act-of-unspeakable-goodness/" });

Our National Deficit ? Who Do I Blame?
2008-03-27 16:06:00
Is anyone else concerned about the direction our country is heading towards? Because I know I am. Here is just one symptom of the problem, our nation’s skyrocketing budget deficit. The US has charged up its credit card like a spoiled teenager. And I believe there’s going to be hell to pay when the bill ...SHARETHIS.addEntry({ title: "Our National Deficit ? Who Do I Blame ?", url: "http://www.CALaborLaw.com/2008/03/27/our -national-deficit-%e2%80%93-who-do-i-blam e/" });

Starbucks Baristas Win $105 Million Class Action Judgment
2008-03-21 21:37:00
Fellow attorney Terry Chapko reports a $105 million award to 120,000 former and current baristas in a class action tip-sharing lawsuit against Starbucks . The suit was initiated in October 2004 by Jou Chau, a former barista in La Jolla, CA, who alleged Starbucks supervisors were illegally forcing baristas to share tips with them since ...SHARETHIS.addEntry({ title: "Starbucks Baristas Win $105 Million Class Action Judgment ", url: "http://www.CALaborLaw.com/2008/03/21/sta rbucks-baristas-win-105-million-class-act ion-judgment/" });

What Break Periods Am I Entitled To?
2008-03-20 21:30:00
Under California law (which is much more generous to employees than federal law), if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you work. There are other requirements ...SHARETHIS.addEntry({ title: "What Break Periods Am I Entitled To?", url: "http://www.CALaborLaw.com/2008/03/20/wha t-break-periods-am-i-entitled-to/" });

What Kind of Lawyer Do I Need?
2008-03-18 22:58:00
Here’s a quiz: What kind of lawyer do you need for the following situations? a. Your landlord won’t return your deposit even though you moved out of your apartment months ago. b. Your boss has wrongfully terminated you because you told him you were pregnant and need time off. c. Your vintage car has been damaged by your ...SHARETHIS.addEntry({ title: "What Kind of Lawyer Do I Need?", url: "http://www.CALaborLaw.com/2008/03/18/wha t-kind-of-lawyer-do-i-need/" });

Can My Employer Monitor My Web Surfing or Emails at Work?
2008-03-04 18:44:00
Absolutely, yes. And what’s worse, they probably are. Employee surveillance has never been easier thanks to advances in technology and the emergence of computers and the Internet. Employer s are taking advantage like never before. According to a recent survey conducted by the American Management Association and The ePolicy Institute, two-thirds of the 304 employers surveyed said that ...SHARETHIS.addEntry({ title: "Can My Employer Monitor My Web Surfing or Emails at Work ?", url: "http://www.CALaborLaw.com/2008/03/04/can -my-employer-monitor-my-web-surfing-or-em ails-at-work/" });

Voir Dire in Other Parts of the Country
2008-02-22 19:37:00
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 ...SHARETHIS.addEntry({ title: "Voir Dire in Other Parts of the Country ", url: "http://www.CALaborLaw.com/2008/02/22/149 /" });

A Good Jury Duty Experience (For a Change)
2008-02-22 19:21:00
It seems one of America’s favorite pastimes is swapping stories and strategies about how to get out of jury duty. Before I knew any better, I was just as guilty of it as the next person. But if you really think about it, aside from voting, jury duty is one of the few times ...SHARETHIS.addEntry({ title: "A Good Jury Duty Experience (For a Change )", url: "http://www.CALaborLaw.com/2008/02/22/a-g ood-jury-duty-experience-for-a-change/" });

Plaintiff Gets $30,300, His Lawyers Get $1.1 mil.
2008-02-08 09:12:00
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, ...SHARETHIS.addEntry({ title: "Plaintiff Gets $30,300, His Lawyers Get $1.1 mil.", url: "http://www.CALaborLaw.com/2008/02/08/pla intiff-gets-30300-his-lawyers-get-11-mil/ " });

What Really Goes On in Jury Rooms?
2008-02-08 00:06:00
Much of the Western world depends on a system of a jury of peers to decide the fate of litigants. Given this key role which juries play in dispensing justice, it’s amazing how little most people, and even trial lawyers, know about what really goes on in jury rooms. The jury is for all intents ...SHARETHIS.addEntry({ title: "What Really Goes On in Jury Rooms?", url: "http://www.CALaborLaw.com/2008/02/07/wha t-really-goes-on-in-jury-rooms/" });

Proof That Arbitration Is Bad for Employees
2008-02-07 23:19:00
A little while back, I had posted about arbitration and whether or not it is good or bad for employees to resolve their claims against their employers or co-workers. Arbitration is the resolution of legal disputes normally handled through lawsuits by instead hiring a private judge to rule on the dispute. My view has always ...SHARETHIS.addEntry({ title: "Proof That Arbitration Is Bad for Employees ", url: "http://www.CALaborLaw.com/2008/02/07/pro of-that-arbitration-is-bad-for-employees/ " });

We?ve Been Named ?Blawg of the Day?
2008-02-06 19:14:00
Renowned legal website Inter-Alia.net has been kind enough to name us as their Blawg of the Day. Inter-Alia.net is an Internet legal research weekly which discusses legal blogs of note, legal news, etc. that is published by Tom Mighell. Thank you and a tip of the hat right back at ya! Keyword search:blawg of the day Related posts None SHARETHIS.addEntry({ title: "We’ve Been Named “Blawg of the Day”", url: "http://www.CALaborLaw.com/2008/02/06/wev e-been-named-blawg-of-the-day/" });

Harris Poll: 3 of 5 Americans Believe Juries Fair
2008-02-06 08:01:00
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: A majority (65%) of Americans have been called to jury duty, but only a quarter actually served on a jury. 3 out of 5 Americans believe juries can be fair and impartial ... SHARETHIS.addEntry({ title: "Harris Poll : 3 of 5 Americans Believe Juries Fair ", url: "http://www.CALaborLaw.com/2008/02/06/har ris-poll-3-out-5-americans-believe-juries -fair/" });
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U.S. Workers: Say Farewell to Job Growth
2008-02-05 09:34:00
I’m no economist but I’ve long thought that one of the biggest problems facing the US economy is the fact that the US worker has become increasingly irrelevant in the global marketplace, largely because of the loss of US leadership in numerous key industries. Long gone are the days when US companies sat atop the ... SHARETHIS.addEntry({ title: "U.S. Workers : Say Farewell to Job Growth ", url: "http://www.CALaborLaw.com/2008/02/05/us- workers-say-farewell-to-job-growth/" });

Longshorewoman Wins $1.2 Million Jury Award for Retaliation
2008-02-03 22:58:00
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 ... SHARETHIS.addEntry({ title: "Longshorewoman Wins $1.2 Million Jury Award for Retaliation", url: "http://www.CALaborLaw.com/2008/02/03/lon gshorewoman-wins-12-million-jury-award-fo r-retaliation/" });

Video: Police Strip Search of Ohio Woman Called Outrageous
2008-02-02 22:44:00
As you may know, employment law is just a subset of civil rights in general. I don’t normally cover non-workplace civil rights issues, but a news story I’ve come across seems just too egregious to let pass. In Stark County, Ohio , 41-year old Hope Steffey was the victim of assault by a relative. Steffey’s cousin called ... SHARETHIS.addEntry({ title: "Video : Police Strip Search of Ohio Woman Called Outrageous", url: "http://www.CALaborLaw.com/2008/02/02/vid eo-police-strip-search-of-ohio-woman-call ed-outrageous/" });
More About: Misc

Are Doctors ?Employees? of the Hospital?
2008-02-01 02:27:00
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 ... SHARETHIS.addEntry({ title: "Are Doctors ?Employees ? of the Hospital?", url: "http://www.CALaborLaw.com/2008/01/31/are -doctors-%e2%80%9cemployees%e2%80%9d-of-t he-hospital/" });

FMLA Medical Leave Expanded to Families of Military
2008-01-30 20:51:00
Good news for members of the military. On January 28, 2008, President Bush signed the National Defense Authorization Act for FY 2008 (H.R. 4986) into law, effective immediately. The NDAA expands the Family and Medical Leave Act of 1993 (FMLA) to provide up to 26 workweeks of medical leave to the immediate relatives (spouse, son, daughter, ... SHARETHIS.addEntry({ title: "FMLA Medical Leave Expanded to Families of Military ", url: "http://www.CALaborLaw.com/2008/01/30/fml a-medical-leave-expanded-to-families-of-m ilitary/" });

Whistleblower Doctors are a Rare Breed
2008-01-30 06:41:00
Did you know that, under California’s current system, doctors police and regulate themselves? If a doctor’s competence falls under suspicion, under a system called “peer review”, other doctors are expected to report, review and, if necessary, take action against the errant doctor.This probably seemed like a good idea at the time. After all, who better ... SHARETHIS.addEntry({ title: "Whistleblower Doctors are a Rare Breed ", url: "http://www.CALaborLaw.com/2008/01/29/whi stleblower-doctors-are-a-rare-breed/" });

Cal. Supreme Court Rules: Medical Pot Users Can be Fired
2008-01-28 20:28:00
In Gary Ross v RagingWire Telecommunications, Inc., the California Supreme Court considered the case of an employee who was taking marijuana for medicinal purposes (to deal with a back injury). When he tested positive for marijuana, his employer fired him. Plaintiff sued for disability discrimination under the California Fair Employment and Housing Act, among other ... SHARETHIS.addEntry({ title: "Cal. Supreme Court Rules : Medical Pot Users Can be Fired ", url: "http://www.CALaborLaw.com/2008/01/28/cal -supreme-court-rules-medical-pot-users-ca n-be-fired/" });
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Civil Rights Act of 2008?
2008-01-28 19:41:00
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 ... SHARETHIS.addEntry({ title: "Civil Rights Act of 2008?", url: "http://www.CALaborLaw.com/2008/01/28/civ il-rights-act-of-2008/" });
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