California Employment Law Blog

Many employers, especially large corporations with a public image, may be more concerned about the optics of workplace discrimination and harassment claims than the cost of paying a complainant the requested amount of damages. Prior to 2019, California employers were permitted to require a sexual harassment or discrimination complainant to accept confidentiality and non-disparagement agreements…

Professional and trade unions are generally tasked with protecting the rights of their members and maximizing employee negotiating power with owners and management by presenting a united front. Usually, a union will enter into what is known as a “collective bargaining agreement” with an employer. The CBA will set rules that both employees and employers…

Many corporations and other California employers with large numbers of employees like to use arbitration agreements with their employees to streamline the process of addressing employment law-related issues. At first glance, arbitration agreements offer both employees and employers a simplified process to address grievances between the parties. In practice, however, arbitration agreements function to put…

Addressing issues with employment law in California can be a confusing and daunting task. Municipal, state and federal laws can have a bearing on a potential case, and civil, administrative, and even criminal laws and procedures may dictate what relief a plaintiff is entitled to. Usually, employees who have suffered unfair treatment or discrimination in…

When California employment law claims proceed through trial and are put before a jury, the initial verdict amounts may be subject to modification by the judge based on legal requirements. Often, a jury will agree to award a plaintiff an amount that is prohibited by law. Trial courts have the discretion to reduce jury awards…

California workers who have been subject to unfair or illegal employment practices by their employers may have several different routes to fight back against unfair treatment by employers. In addition to state legal remedies, such as a breach of contract claim, wronged employees can pursue federal legal and administrative remedies through federal courts or the…

The United States Supreme Court is set to address whether emotional distress damages are available to those who prove disability discrimination under federal law. Disability discrimination can impact a person and their family in a myriad of ways. While a financial loss is the most apparent, emotional distress can have a life-changing impact on a…

California employment laws afford workers a variety of protections and legal rights. One of the most essential rights employees have is the right to litigate certain claims against their employer. The main alternative to court for resolving a dispute between an employee and an employer is arbitration. Arbitration uses a supposedly neutral third party to…

Given the growth of the “gig economy” in recent years, a growing number of companies are relying less on employees and more on independent contractors. While hiring independent contractors affords companies and individuals greater flexibility, it also opens the door to potential abuses by employers. Employees Versus Independent Contractors Historically, most companies hired employees to…

Although arbitration agreements mean that a case must be resolved through arbitration, not all agreements are enforceable. If a party does not have a real opportunity to negotiate the terms of the contract or a contract heavily favors one party, these may be indications that the agreement is unconscionable and thus, unenforceable. A California court…