California Appeals Court Affirms Right to Employee to Pursue PAGA Action in Court
California Appeals Court affirms right to employee to pursue PAGA action in court, not dependent on the outcome of their “individual claims” in arbitration (Barrera v. Apple Am et al) “Standing under PAGA is not affected by enforcement of an agreement to adjudicate a plaintiff’s individual claim in another forum. Arbitrating a PAGA plaintiff’s individual…
What is Considered Disability Discrimination at Work?
Did you know that it is illegal to discriminate against someone in the workplace because of their disability? It is important to note that not everyone with a medical condition is protected from disability discrimination. In order to be protected, the impairment must substantially limit a major life activity. This means that the impairment must…
ADA Violations: Examples in the Workplace
The state of California provides robust protection against disability-based discrimination through a trio of laws: the Fair Employment and Housing Act (FEHA), the Unruh Civil Rights Act, and the Disabled Persons Act. These laws aim to safeguard individuals from prejudicial treatment based on their disability status, extending this protection to various domains, including employment, housing,…
The Courts Have Recognized Three Varieties of Hostile Work Environment
The modern workplace should be a space of collaboration, growth, and respect, yet many employees find themselves battling the harsh realities of a hostile work environment. This issue has been notably addressed in courts, which have recognized three distinct varieties of hostile work environments. Understanding Hostile Work Environment A harassment-based hostile work environment emerges when…
Statute of Limitations on Wrongful Termination in California
The legal landscape of wrongful termination can be a labyrinth of complexity. In California, understanding the statute of limitations for wrongful termination cases is of paramount importance for both employees and employers. The statute of limitations stipulates the time period during which a lawsuit can be filed after a wrongful termination has occurred. It acts…
Occupational Injuries and the Americans with Disabilities Act
Have you ever suffered occupational injuries? If so, you know how difficult it can be to return to work. Not only are you dealing with the physical pain of the injury, but you may also be facing emotional and financial challenges. The Americans with Disabilities Act (ADA) defines and defends the rights of people with…