California Supreme Court Clarifies Standard Applicable to Discrimination Lawsuits

In Harris v. City of Santa Monica, — Cal. — (Feb. 7, 2013), the California Supreme Court held that under the Fair Employment and Housing Act, “when a jury finds that unlawful discrimination was a substantial factor motivating a termination of employment, and when the employer proves it would have made the same decision absent such discrimination, a court may not award damages, backpay, or an

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Polina Bernstein and Diana Friedland Named Southern California Super Lawyers “Rising Stars” for 2013

Bernstein & Friedland, P.C.’s Polina Bernstein and Diana Friedland have been named as Southern California Super Lawyers “Rising Stars” for 2013.  This is the sixth consecutive year Ms. Bernstein has been identified as a “Rising Star” and Ms. Friedland’s first. Super Lawyers selects for its “Rising Stars” list the top up-and-coming attorneys who are 40 years old or younger or who have been practicing law

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Employees Can Be Fired for Being Too Sexy, says the Iowa Supreme Court

Although this blog’s focus is on California law, we could not pass up writing about this outrageous and terrible decision coming out of Iowa’s Supreme Court, which held in a 7-0 opinion that bosses in Iowa can fire female employees they find to be “irresistible” attractions. In this case, a dental assistant sued the dentist for whom she worked after he fired her because he

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Jury Awards LAPD Officer $2.8 Million in Retaliation Case

The L.A. Times has reported a stunning $2.8 million jury verdict in favor of former LAPD officer Pedro Torres, who alleged that after he testified on behalf of another officer to support that officer’s claims of harassment in the workplace, the department retaliated against him by taking various adverse employment actions that ultimately concluded in him being unable to continue working as a cop.  The

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California Court Issues Stamp of Approval on Employer Timesheet Rounding Policies

Silva v. See’s Candy Shops, Inc., Cal. Ct. App. Case No. D060710 (filed Oct. 29, 2012), marks the first published California Court of Appeal decision approving employers’ use of rounding policies in calculating employees’ total hours worked. In this case, See’s Candy had used a timekeeping software system to record its employees’ hours worked; employees punched in and out to reflect the beginning and end of their shifts, including

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Diana Friedland Featured in the Women Lawyers Association of Los Angeles November Newsletter

The Women Lawyers Association of Los Angeles published today in its November 2012 newsletter an article written by Bernstein & Friedland, P.C.’s Diana Friedland discussing the challenges faced by — and opportunities available to — women attorneys in today’s legal climate.  The article, titled “No Better Time to Be a Woman Attorney — Especially in California,” is available here. ***** Bernstein & Friedland, P.C. is a

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