California’s Private Attorneys General Act does not violate the separation of powers doctrine by allowing private citizens to seek civil penalties on the state’s behalf without the executive branch exercising sufficient prosecutorial discretion. PAGA is not meaningfully distinguishable from comparable qui tam statutes outside the employment context. Read more
Spring is a time of rejuvenation. Vines spurt new growth, flowers bloom, graduations and weddings are celebrated. This Spring feels particularly hopeful. On May 6, 2022, our Section will host the 2022 Public Sector Conference in San Francisco. This will be our first hybrid conference, and the first educational event at which we will have in-person attendance since 2019. It has been a long two plus years, and while I believe we will continue to incorporate virtual conferences in our regular… Read more
The May 2022 issue of our Section’s California Labor & Employment Law Review will lead off with an article by Michael Robbins and Scott Barer on “Clear and Convincing or Preponderance of the Evidence – What’s a Poor Workplace Investigator to Do?” The piece will address the recent California Supreme Court decision in Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022), which set forth the proper method for presenting and evaluating a claim of whistleblower retaliation under Cal. Lab. Code § 1102.5 Read more
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