California’s Private Attorneys General Act—There’s a New Sheriff in Town: You
- September 24, 2009
- David Levy
- No comments
Although many civil penalties under California’s Labor Code can be recovered against employers directly by employees, most can only be assessed and collected by the Labor and Workforce Development Agency (“LWDA”). A few years ago, California’s Legislature recognized that the…
California Supreme Court Holds that Hidden Camera in Workplace Did Not Violate Employees’ Privacy Rights
- August 4, 2009
- David Levy
- No comments
Yesterday, the California Supreme Court published its unanimous opinion in Hernandez v. Hillsides which held that an employer did not violate its employees’ privacy rights by installing a hidden camera in their private office. However, this case appears to be…
Freedom from Religion in the Workplace
- July 31, 2009
- David Levy
- No comments
California employees have the right under state and federal law to a workplace free from religious discrimination, hostility and proselytization. First, both Title VII of the Civil Rights Act of 1964 (Title VII) and California’s Fair Employment and Housing Act…
Sexual Harassment under California Law
- July 27, 2009
- David Levy
- No comments
Sexual harassment generally refers to unwelcome and inappropriate behavior of a sexual nature in the workplace. California recognizes two distinct forms of sexual harassment: (1) when a supervisor makes promises or threats for sexual favors (i.e., “quid pro quo” harassment),…
“Blowing the Whistle” on Your Employer—Protection for “Whistleblowers”
- July 17, 2009
- David Levy
- No comments
California law encourages employees to report unlawful activities and discourages employees from engaging in unlawful activities in the workplace. The protection afforded to employees extends beyond traditional “whistleblowing” where an employee reports unlawful activities to government or law enforcement authorities….
U.S. Supreme Court Rules that White Firefighters Were Victims of Discrimination
- June 30, 2009
- David Levy
- No comments
Yesterday, in Ricci v. DeStefano, the U.S. Supreme Court held that the City of New Haven, Connecticut discriminated against white firefighters, under Title VII of the Civil Rights Act, by discarding promotional test results. In Ricci, the fire department had…
Supreme Court Rejects “Mixed-Motives” Claims under the Age Discrimination in Employment Act
- June 19, 2009
- David Levy
- No comments
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees because of their race, color, religion, sex or national origin. Employees (or ex-employees) can make discrimination cases under Title VII by proving that discrimination was…
Should I Accept My Employer’s Severance Package?
- June 10, 2009
- David Levy
- No comments
Employers often offer severance pay to employees that are fired or laid off in return for a waiver and release of any claims the employees may have against them. These offers are usually extended in the form of an agreement…
Discriminatory Layoffs
- May 27, 2009
- David Levy
- No comments
Given current economic conditions, many employers are understandably reducing their work forces. These reductions have many names—layoffs, workforce reductions, downsizing, rightsizing, smart-sizing, force shaping, simplification, workforce optimization, reductions in force—but I will refer to them collectively as “layoffs” in this…
Admissibility of “Me Too” Evidence in California Employment Cases
- May 14, 2009
- David Levy
- No comments
“Me too” evidence is evidence of discrimination against other employees of the same employer typically in the form of declarations or testimony of these other employees. Earlier this month, in Johnson v. United Cerebral Palsy/Spastic Children’s Foundation of Los Angeles…