Articles

The California Court of Appeal for the Second Appellate District has rejected a claim against a school district based upon the contention that the district negligently hired a known child abuser and then allowed the person to closely interact with students as a counselor without adequate supervision...

One of the hottest legal issues in the employment arena concerns meal and rest breaks.  Under the California Labor Code and Wage and Hour Orders issued by the Industrial Welfare Commission.  Pursuant to Labor Code sections 226.

In October of 2010, the California Court of Appeal upheld the revocation of a professional boxer's license based on the action of his trainer.  Before a match, Athletic Commission inspectors discovered that the boxer's hands were wrapped with gauze wetted with a plaster-like substance.

When it comes to disabled students, there are two potent weapons for parents in the form of the Federal Rehabilitation Act (29 USC § 794) and the Individuals With Disabilities Education Act (“IDEA,” 20 USC § 1400, et seq.).

An old adage says that you only get one bite at the apple.  This can be true in litigation, especially if you have already pursued a claim unsuccessfully before an administrative agency.

Title VII of the Civil Rights Act of 1964 (42 USC section 2000d) prohibits employment discrimination based on race, color, religion, sex or national origin. But in order to state a claim, the plaintiff must be an employee.

The charter school movement has swept across California, as it has in other states.

In some contracts, a party inserts a clause that prohibits the plaintiff from filing a class action claim – only individual claims are allowed.  In Walnut Producers of California v. Diamond Foods, Inc.

Discussions that occur in mediation are confidential and cannot be introduced into evidence in later proceedings. And when it comes to the mediator, such testimony cannot be compelled “unless all parties to the mediation expressly agree . . . .” (Cal. Evidence Code section 703.

In EEOC v. UPS Supply Chain Solutions, the Ninth Circuit established important guidelines for employers and employees wrestling with the sometimes difficult issue of “reasonable accommodation” under the Americans With Disabilities Act (commonly referred to as the ADA).