Arbitration agreement was procedurally unconscionable because it was presented to Nunez as a nonnegotiable condition of employment, Nunez cannot read English, and the agreement was not explained to him. Read more
A police officer left his service firearm in his personal vehicle after work. The gun was stolen from the vehicle and shortly thereafter used to kill plaintiff’s son. Summary judgment for the city on plaintiff’s wrongful death claim reversed because, under the doctrine of respondeat superior, a police officer’s negligent handling of a firearm is a foreseeable result of the enterprise of law enforcement. Read more
Welcome to the 2022 New Employment Practitioner Conference! We are proud to provide you with two days of fantastic virtual programs and speakers. Earn 9.0 Hours MCLE Credit! Topics Include Employment Law 101Wage and Hour BasicsGathering, Evaluating, Preserving, and Presenting Evidence in a Virtual WorldLeave of Absence ComplianceComplying with the NLRAEthics and Bias Registration Fees Early Bird: $95 Member; $115 Non-Members (ends January 14)Regular: $125 Member; $145 Non-Members CYLA/Student Rate: $95 Read more
Zamora v. Security Industry Specialists (CA6, filed 9/30/21, pub. ord. 10/29/21 H044008) FEHA Disability Discrimination, Retaliation, Wrongful Termination
McDonnell Douglas burden-shifting framework applied to plaintiff’s disability discrimination claim because he presented no direct evidence of discrimination. Triable issue of material fact existed on plaintiff’s disability discrimination claim because a jury could find that the empl Read more
The upcoming November issue of our Section’s Labor & Employment Law Review leads off with an article entitled “Law Enforcement Labor Reform Proposals” by members of the Law Enforcement Study Group, which was formed after the 2020 George Floyd killing to study police reforms. Read more
The holidays are a time to show our gratitude, and, in that spirit, I want to highlight the work of a couple of this Section’s subcommittees. First, the New Employment Practitioner Conference Read more
Plaintiffs could not be compelled to arbitrate representative claims for civil penalties under the Private Attorneys General Act of 2004 because the state, which owns the claims, was not a party to the arbitration agreements and did not ratify them, nor did the plaintiffs agree to arbitrate the claims after they became representatives of the state. Read more