Articles

It is common practice for restaurant and casino workers to pool tips.  Under a typical arrangement, all service employees who are not “agents” of the employer (i.e.

Whenever a union and a public school employer dispute the implementation of a salary agreement, it may not be prudent to rush off to court; indeed, it’s probably best to first consult the parties’ collective bargaining agreement to see if the matter should be resolved under an agreed-upon grievance ...

In an important decision restating and expounding preexisting doctrine, the court of appeal has ruled that in California arbitrators enjoy broad immunity from liability for their acts as arbitrators.  In La Serena Properties v.

When an injured party can no longer perform the core functions of his or her job, the employer may be entitled to end the employment relationship.

Sometimes one employee learns of racially-motivated harassment visited upon another employee.

California Occupational Therapists (OTs) arrested for DUI can now expect investigation letters from the Board of Occupational Therapy (CBOT) within days of arrest.

When well qualified individuals compete for a job and one of them is over 40, an age discrimination clam may be lurking in the background if the older candidate is passed over.  But the mere fact that the plaintiff can make out a prima facie case – i.e.

While the concept of male prison guards in an all-female correctional institution might sound odd, it happens.  And it is illegal for the state to bar men from serving in that capacity.  In fact, the Ninth Circuit struck down a gender ban in Breiner v.

In Holman v. Altana Pharma US, Inc., the Court of Appeal has ruled that in the employment discrimination litigation context, a trial court has discretion when awarding costs to “scale” the cost award to account for the modest resources of the party that the award will be imposed upon.

When, if ever, can public employees strike in California?  The California Supreme Court has clarified this important issue in the case of City of San Jose v. Operating Engineers Local Union No. 3.  In a nutshell, the court confirmed yet again that public employees have the right to strike.