Section 998 Offers In Post “Me Too” Employment Litigation

In response to the “Me Too” movement, originally a viral social media campaign to raise awareness of sexual harassment and sexual assault (particularly in the workplace), new California laws provide plaintiffs in FEHA claims fewer hurdles to recover damages.  In particular, Government Code section 12965(b) could drastically change employment defense strategy with regard to Code Read More…

Arbitration Agreements In Employment Contracts: Cross Your T’s And Dot Your I’s In All Languages

In Juarez v. Wash Depot Holdings, Inc., California’s Second Appellate District Court of Appeal upheld the denial of an employer’s motion to compel arbitration when the arbitration agreement contained in the employee handbook was not the same in the English version as the Spanish version. Plaintiff Carlos Juarez filed a lawsuit alleging thirteen wage-and-hour claims, Read More…

Supreme Court Upholds Enforceability Of Individualized Arbitration Agreements In Employment Contracts

Employers sometimes require their employees to enter into employment contracts requiring employment disputes between the parties to be resolved through individualized arbitration proceedings.  Such agreements include a waiver of the employee’s right to participate in class action employment lawsuits.  Until recently, the enforceability of individualized arbitration agreements was questionable following a controversial ruling by the Read More…

Eligibility For Unemployment Compensation Benefits In A “Resign Or Be Fired” Scenario In Nevada

Section 612.380 of the Nevada Revised Statutes generally provides that an individual is ineligible to receive unemployment compensation benefits where the person has voluntarily left his or her employment. On May 3, 2018, in the case of Dolores v. State, Dep’t of Employment Sec. Div., the Supreme Court of Nevada determined that an employee’s resignation, Read More…

New California Laws Impact Content And Procedures For Job Applications

California employers should be aware of two new statutes went into effect on January 1, 2018, that govern the content and procedures for considering job applications in California. A.  Prohibition Against Inquiries Regarding Applicants’ Prior Criminal Convictions Labor Code Section 12952 requires employers with five or more employees to implement a multi-step process for consideration Read More…

LGC Partner Joins The Million Dollar Club For Client In Employment Matter

LGC is usually on the defense side in civil matters.  LGC does, however, regularly provide advice to highly compensated executives in a variety of circumstances, including contract termination.  Recently, a highly compensated executive in a termination situation brought LGC Partner Teresa Beck a proposed severance agreement to review.  After reviewing the agreement and learning about the Read More…

New CA Law Increases General Contractors’ Liability For Wage Claims

California Assembly Bill 1701 (“AB 1701”), which was signed into law on October 14, 2017, will expand potential liability of general contractors for unpaid wage claims on construction projects. California Labor Code section 218.7, created by AB 1701, will go into effect on January 1, 2018, and will apply to private construction contracts entered into Read More…