News & Insights

When a person files a lawsuit alleging employment discrimination, harassment, or retaliation, they often must introduce evidence to substantiate their claims. Plaintiffs must explain why their evidence is admissible. For example, courts often will not admit statements from someone who is not present during a trial or hearing if a party uses the out-of-court statement…

Under California law, employees who wish to bring a claim for employment discrimination, harassment, or retaliation must exhaust their administrative remedies before filing a lawsuit in state court. To exhaust their remedies, employees must first file a complaint with the California Department of Fair Employment and Housing, which investigates the claim. Following an investigation, the…

In California, certain construction employees are entitled to at least minimum wage compensation for “hours worked” under the Industrial Welfare Commission (IWC) Wage Order Number 16. The IWC also provides for compensation for “employer-mandated travel.” However, these definitions are not always clear-cut. For example, employees in the construction, drilling, logging, and mining industries often spend…

Typically, a workers’ union will negotiate with an employer for a collective bargaining agreement, which specifies the terms and conditions of employment. Most agreements prohibit either the union or the employer from changing a work policy without engaging in the bargaining process. When an employer unilaterally adopts a new policy, the union may file a…

Misappropriation of trade secrets refers to sharing a company’s confidential business information, typically with a competitor. An employer may bring a lawsuit accusing an employer of misappropriating trade secrets. Typically, an employer will seek relief that orders the employee to stop sharing trade secrets. Additionally, an employer will seek attorney’s fees for the costs it…

In a claim of employment discrimination, harassment, or retaliation, the parties may submit social media posts as evidence before the court. For example, a person’s social media posts may contain direct threats against a colleague or refer to them using discriminatory language. However, if the colleague posts to their private social media account rather than…

When an employment dispute goes to trial, the outcome can depend in large part on jury instructions. The judge’s instructions can help the jury resolve difficult factual issues and understand key terms in California employment cases. When a judge gives erroneous or misleading jury instructions, a losing party may challenge those instructions on appeal. For…

Occasionally, contract law can affect an employment law claim. Contract law issues can arise when an arbitration agreement governs an employment dispute. When an employer seeks to enforce an arbitration agreement, an employee may argue they did not validly agree (i.e., assent) to the contract, or that the contract itself is so unconscionable that the…

Arbitration agreements require parties to resolve a dispute through arbitration rather than filing a lawsuit. When a person begins their employment with a new employer, they often must sign an agreement to arbitrate any disputes arising from their employment. Many arbitration agreements allow the employer to choose the arbitrator, which may disadvantage the employee. Typically,…

California’s anti-SLAPP law helps to identify and dismiss frivolous lawsuits that intend to hinder a person or entity from exercising their First Amendment right to freedom of speech and petition. To defend against a burdensome lawsuit, a defendant can file an anti-SLAPP motion to dismiss the suit. An anti-SLAPP motion places the burden on the…