Recent Developments Table of Contents

The following is a summary of recent employment and labor law cases or other legal developments that affect or that may be of interest to employers doing business in California. Persons wishing further information or who have questions or comments about any of these developments can contact any of the attorneys at Epstein, Turner & Song.

	ADA job reassignment issue on review by US Supreme Court

	Personal Manager’s compensation agreement with artist in entertainment industry can be enforced even though personal manager is not licensed talent agency

	California Supreme Court holds that favored treatment to employees who are willing participants in sexual relations with their supervisor can support a claim for sexual harassment brought by other co-workers

	Employer may deduct vacation leave time from accumulated bank of vacation leave for salaried exempt employees who miss partial days of work.

	False promises made during a pre-hire interview about compensation to be paid to prospective employee proves costly to the employer

	United States Supreme Court Holds that the Age Discrimination in Employment Act permits claims based on disparate impact theory of discrimination

	Catalyst Theory for Recovery of Attorneys’ Fees Against Employers is Alive and Well in California

	Review granted in Carter v. California Department of Veterans Affairs

	Company Payments to Union Steward upheld by Ninth Circuit Court of Appeals

	Employee can recover "reliance" damages against employer who reneges on job offer

	FEHA Amendment Mandating Sexual Harassment Training by January 1, 2006

	Labor Code Provisions Requiring Prompt Payment of Wages to Discharged Employees does not Apply to Employees Terminated Following Completion of Assignment

	Lower Court Extends Application of State Supreme Court Holding which Limits Requirement of Exhaustion of Public Entity Employer’s Internal Remedies in FEHA-Type Cases

	Employer's racially discriminatory policy or practice of denying correct compensation to employee is not cured by fact that employee successfully pursued a remedy under union grievance procedure

	California Appeals Court Clarifies 2001 Amendment To Labor Code Section 98.6, Which Prohibits Employers From Discharging Or Discriminating Against Employees For "Lawful Conduct Occurring During Nonworking Hours Away From The Employer's Premises."

	State Court Refuses (again) to Enforce Arbitration Agreement Involving Workplace Dispute

	Federal Arbitration Act does not provide federal court jurisdiction over petition to set aside or to enforce an arbitration award even if the underlying dispute concerned a federal claim

	Retaliatory Discharge Claim Can Proceed To Trial Even Though The Investigation Leading To Discharge Revealed Employee Misconduct

	Retroactivity of FEHA Amendment Imposing Liability on Employer for Sexual Harassment by Nonemployees is Subject of Conflict Among Lower Courts.

	Persons Who Hire Away Employees can be Liable to the Employer even though Employees were at-will and free to Leave on Their Own

	Recent Developments Concerning Employer Defense of Workers’ Compensation Act as a Bar to Wrongful Termination Lawsuits

	Recent Developments Concerning Employer Defense of NLRA Preemption as a Bar to Wrongful Termination Lawsuits

	At Will Employee can still sue for Fraudulent Representations Allegedly Made at Time of Hire

	California Supreme Court Permits Class Action to go Forward in Sav-On Overtime Case

	Ninth Circuit Appears to Extend Quid Pro Quo Theory of Sexual Harassment to Cases in which the Alleged Harasser was not a Supervisor

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © by Epstein, Turner & Song. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.