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Employment Litigation Archives

A new age-discrimination theory may bring concerns for employers

A large proposed class-action lawsuit called Bradley v. T-Mobile filed in U.S. District Court in San Francisco raises a legal argument that advertising for employees on Facebook may involve illegal employment discrimination based on age.

EEOC settles sexual harassment and retaliation suit against Goodwill

The U.S. Equal Employment Opportunity Commission recently issued a press release announcing an $850,000 settlement in a sexual harassment and retaliation suit against Goodwill Industries of the East Bay Area and an affiliated employer.

Pre-employment wages may not be used to justify paying women less than men: Ninth Circuit decides major Fresno case under the federal Equal Pay Act

All California employers have a legal responsibility to pay wages and salaries in nondiscriminatory fashion. We recently published a post about a new California law that took effect on January 1, 2018, that forbids employers from asking new hires - either orally or in writing - about their past salary levels or wage amounts.

U.S. Supreme Court: Employers May Require Employees to Arbitrate their Claims Individually and Waive Their Rights to Class Actions

Employers just gained a huge victory from the United States Supreme Court regarding the arbitration of employment-related claims. On May 21, 2018, in a narrow 5-4 decision, the Court held that employers may include a clause in their employment contracts that requires employees to arbitrate their disputes individually, and to waive their rights to pursue class action lawsuits against their employers.

U.S. sues over California law that protects immigrants at work

We recently wrote about a new California state law that took effect on January 1 imposing new legal responsibilities on employers in certain immigration-related situations. To recap, the main provisions of the law require California employers to:

Court says Grubhub driver is independent contractor, not employee

Here at Duggan Law Corporation, we advise California employers about classifying workers as either independent contractors or employees. The answer is significant to both parties because if the person is an employee, he or she is subject to applicable California and federal labor and employment laws governing overtime, minimum wage, workers' compensation eligibility and more.

Bill would extend time to file state sexual harassment complaints

California, along with the rest of America, is experiencing an explosion of awareness about sexual harassment in the workplace, as more people come forward to publicly report their own stories. Employers of all types and sizes in the state are understandably concerned about protecting their own employees and keeping their workplaces in compliance with state and federal laws against illegal discrimination and harassment.

5 end-of-year considerations for California employers

Employers have plenty to think about as the year wraps up, from hosting safe employee holiday parties to managing year-end payroll. However, California employers should also take some time to make sure they'll be in compliance with all the new state employment laws that will go into effect in the beginning of 2018. Here are five things to pay attention to.

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