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California’s ‘ABC employee test’ (Dynamex decison) not preempted by federal law

April 8th, 2019

By Harold S. Berman J.D.
The decision, which adopted the “ABC test” for determining whether a worker should be deemed an employee or an independent contractor, is not preempted by the Federal Aviation Administration Authorization Act, or federal motor carrier safety regulations.
The California Supreme Court’s 2018 Dynamex decision, which articulated a new and broad standard for [Read more...]

Domestic violence victim can’t proceed anonymously in race bias suit

April 8th, 2019

By Victoria Moran, J.D.
The fundamental unfairness of Solera and its CEO sustaining reputation damage while the employee “stands behind the cloak of anonymity” causes prejudice to the defendants, said the court.
A domestic violence victim cannot proceed anonymously in her lawsuit against Solera Capital alleging employment discrimination, hostile work environment, retaliation, and failure to pay overtime. [Read more...]

AT&T’s conflicting leave request policies preclude summary judgment on employee’s FMLA claims

April 4th, 2019

By Harold S. Berman J.D.
An AT&T employee terminated for excessive unexcused absences could proceed with her FMLA claims because it was disputed whether she had properly requested one of her absences as FMLA leave. AT&T had conflicting FMLA leave request policies.
An AT&T employee could move forward with her FMLA interference and retaliation claims based on [Read more...]

Female employee fired days after disclosing abusive relationship with male supervisor advances bias claims

April 4th, 2019

By Marjorie Johnson, J.D.
The employee was fired shortly after telling an HR manager about the abuse, and though they had each obtained a protective order against the other (she claimed his was retaliatory), he remained employed.
A female employee who was fired days after alerting HR about her prior romantic relationship with a supervisor who had [Read more...]

Employer waived argument that employee’s regarded-as theory was invalid

April 3rd, 2019

By Kathleen Kapusta, J.D.
Not only did the employer fail to object to an instructional error at a charging conference, it played along with a flawed theory of liability throughout the litigation and ultimately endorsed the specific instruction embodying that theory.
Observing that both parties to this lawsuit under the ADA proceeded under the “regarded-as” case theory [Read more...]