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Employment Litigation Archives

Claim against Disney for unequal pay

In early April, two female employees filed a lawsuit in California Superior Court in Los Angeles County against The Walt Disney Company, Walt Disney Pictures, and Hollywood Records Inc (collectively "Disney.") The allegations of the lawsuit are that Disney pays them, and other female employees, less than their male colleagues for the same or substantially similar work. They accuse Disney of violating the California Equal Pay Act as well as the unfair competition prohibition of the state Business and Professions Code.

California appeals court refines applicability of ABC test

A hotly debated legal issue in California is how to determine whether a worker is an employee or an independent contractor. The answer to the question in any given situation determines what responsibilities the hiring entity has toward the worker regarding working conditions, hours, pay, termination, workers' compensation and other perks, benefits and protections.

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.

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