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3 Lawsuits That Are Changing the California Labor Law Landscape

Employment lawsuits have reached an all-time high, with almost 100,000 claims filed in 2010, according to the EEOC. Incredibly, that number represents a 31% increase from just 4 years ago! There is an endless stream of new court cases and decisions that are changing the workplace, making it difficult for employers to stay ahead of the curve. Especially in California, labor laws change faster than federal laws, adding to the difficulty of keeping up with the labor laws.

In the first half of 2011, employment and labor litigation in California has resulted in several important decisions that will directly affect the state’s jobs in relation to their employees. . Many of these cases have already been decided by the California Supreme Court, while others are still awaiting a decision.

Below is a brief description of the three priorities, and the key “takeaways” for employers from each.

Case #1

Summary: The plaintiff was a senior executive at Google and claimed that he was discriminated against because of his age in a so-called “youth” culture. To support his case, he relied on numerous statements from managers and employees that his ideas were “old” or “too old,” that he was not “cultured ” and he is “old man” and “. old fuddy-duddy.” Google argued that none of these comments were related to employment decisions and should be considered unrelated to “negative speech.”

The California Supreme Court has rejected the notion that “derogatory comments” made by employees other than the principal, or by principals outside of the disciplinary process, should not be given weight in court. Instead, such “negative statements” can and should be considered in the context of the evidence and can be used in the final decision.

Removal: All managers should be aware of what is being said in the workplace, even in employee meetings, and should be protected to remove insults or hate speech. separate.

Case #2

Summary: This position is located in California, but has out-of-state employees. Under California’s uniform law, an employer pays an out-of-state employee based on his or her state of residence, and not under California’s overtime law. The California Supreme Court is currently reviewing a case to determine whether the California Labor Code applies to overtime work in California for a California employer, by an employee outside.

Takeaway: Although the case is pending before the Supreme Court, employers should carefully review all state laws.

Case #3

Summary: EEOC sues airport services company in California based on male employee’s allegations that he was sexually harassed by a female co-worker and thus suffered from environmental violence. The California Ninth Circuit Court of Appeals overturned the employer’s decision, stating that Title VII of the Constitution provides men with equal rights, like women. mother, protect against environmental violence. The California Supreme Court ultimately ruled in favor of the man’s lawsuit.

Take it away: Don’t just tell a man to “Be a man” or “Get out”, if he asks for harassment. Make a genuine request and do the proper research.

In conclusion

Most of the work-related harassment by employers to employees is not intentional, offensive or discriminatory in nature. However, the complexity of the law in California requires employers to exercise caution when engaging employees and making employment decisions. Often, these actions can and will be brought against them in an employment lawsuit. As a reminder, California employment law differs in many areas from Federal law, so check with an attorney before making any employment or termination decisions. blame

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