What’s New in Employment Law?
Welcome to Shaw Law Group, PC’s law blog. We will focus on employment law developments, particularly in California. Nothing in this forum should be construed as legal advice, ’cause it isn’t. So, please consult your lawyer or hire us! (We typically represent employers, not employees). Also – this is a public website, so communications are not privileged. Copyright Shaw Law Group, PC © 2018, 2017. All rights reserved.
Ninth Circuit Avoids Obesity as Disability Issue But Upholds Discharge
The Ninth Circuit's opinion in Valtierra v. Medtronic, Inc. is refreshingly straightforward. That's because the Court did not address an issue that has been litigated since the ADA's passage: is morbid obesity a disability? Most courts have said "no," unless an...
California Supreme Court Holds No Claim for “Conversion” of Wages Under CA Law
The tort of "conversion" is in essence a civil claim for "stealing." Over the years, many a plaintiff's counsel has tried to claim that unpaid wages are "converted" - stolen - by the employer, so that the tort of conversion is available. But why, Greggy, why? After...
California Supreme Court Expands Potential Unruh Civil Rights Act Claims Against Online Businesses
This is not an "employment" case per se. But any employer with an online presence must take note. California's Unruh Civil Rights Act prohibits a wide variety of discriminatory conduct by businesses. It's not directly applicable to employment, but rather to business...
Court of Appeal Allows Arbitrator to Decide Class Waiver Issue; Excludes Unfair Competition Claims
There are a great deal of court opinions issued about arbitration agreements. Each case is a potential jewel, which must be polished and buffed to reveal the sparkle. Put another way, it is important to draft your arbitration agreement right, or you will be stuck with...
Cal. Court of Appeal: Workplace Violence Injunction Papers Must Be Served with Enough Notice
Severson & Werson is a law firm that was entangled with an individual named Fareed Sepehry-Fard. After a number of threats and other unpleasantries, the firm obtained a workplace violence temporary restraining order against Sepehry-Fard to protect its lawyers and...
Four Quick Takes – Get ‘Em While It’s Hot
EEO-1 "Component 2" - Remember, EEO-1 Filers, and you know who you are - you have to file compensation data this year. The EEOC has set up online filing and has provided some helpful information here. Do not wait until the cooler winds of autumn to deal with this....
A Few Quick Employment Law Updates (Moderately California-Related)
Here are quick summaries of some recent employment law developments that may be of interest to California employers. OK, the first one will be of some interest. The second two are kind of boring. Meal Period Penalties / Premiums and PAGA - The Court of Appeal upheld...
California Supreme Court: A Downside to Arbitration
Employers should remember that arbitration is not a panacea. There are pros and cons, as with most things. The California Supreme Court today unanimously reminded everybody of one of the pitfalls. The case is Heimlich v. Shivji and the opinion is here. The...
California Reporting Time / Call-Back Pay Update
Well, the California Supreme Court denied review in the Ward v. Tilly's case. Here's our original post about the Court of Appeal's decision. Here's our firm's article. The California Supreme Court's refusal to hear the case is very bad news for California employers...
Court of Appeal: Arbitration Agreements May Apply Retroactively
Let's say that an employee has been working for a business for 30 years or so, and then the employer issues an arbitration agreement. Does it apply to claims that may have arisen before the agreement was signed? That's one of the issues the Court of Appeal addressed...
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The information located on our site is general and not intended to provide specific employment law advice. You should consult with an attorney, and not rely on any information contained herein regarding your specific situation.
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