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Bernstein & Friedland, P.C. – Los Angeles Employment Counsel – Legal Blog

A Resource for Los Angeles Area Employees and Employers Interested in Wrongful Termination, Discrimination, Harassment, Retaliation, and Unpaid Wage and Overtime News

California Appellate Court Reverses Order Denying Class Certification of Newspaper Home Delivery Carriers’ Independent Contractor Misclassification Claims

In Ayala v. Antelope Valley Newspapers, Inc., Cal. Ct. App. Case No. B235484 (Certified for Publication Oct. 17, 2012), the plaintiffs had sought from the trial court an order certifying a class of newspaper home delivery carriers in a lawsuit alleging that the defendant newspaper company illegally misclassified them as independent contractors rather than employees in violation of California labor laws.  The defendant hired the plaintiffs

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October 30, 2012

California Court of Appeal Declines to Order Parties to Arbitration Where Employees’ Dispute Fell Outside Scope of Arbitration Agreement

In yet another appellate decision precluding arbitration of employment claims, Elijahjuan v. Superior Ct., CaseNo. BC441598 (Filed Oct. 17, 2012), the California Court of Appeal reiterated that while “California law, like federal law, favors enforcement of valid arbitration agreements,” the Court will not order parties to arbitration where the underlying dispute is not expressly encompassed by the parties’ Arbitration Agreement.  (Slip Op. at 4.) In this case,

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October 26, 2012

California Court of Appeal Denies Employer’s Motion to Compel Arbitration Where Employee Did Not Sign Arbitration Agreement (Although She Led Her Employer to Believe She Did)

In Gorlach v. The Sports Club Co., Case No. B233672 (2nd Dist. Cal. Ct. App. Oct. 16, 2012), the California Court of Appeal denied the defendants’ motion to compel arbitration, finding that there was no evidence that the plaintiff agreed to be bound by the company’s arbitration provision. In this case, the plaintiff, Susan Gorlach, had worked for Sports Club as the company’s human resources director. 

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October 19, 2012

California Appellate Court Approves Nearly $2.25 Million Jury Verdict in Sexual Harassment Case

In an unpublished opinion, Moran v. Qwest Communs. Int’l, 2012 Cal. App. Unpub. LEXIS 6269 (Aug. 27, 2012), the California Court of Appeal approved a nearly $2.25 million jury verdict in favor of the plaintiff, finding the defendants—plaintiff’s employer, Qwest Corporation, and plaintiff’s supervisor, Dennis Sherwood—liable for sexual harassment and finding defendant Qwest liable for failure to take reasonable steps to prevent sexual harassment and for terminating

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October 17, 2012

California Court Shuts Courtroom Door on Employee Suing Her Employer for Firing Her in Retaliation for Filing a Workers’ Compensation Claim

The California Court of Appeal in Dutra v. Mercy Medical Center Mt. Shasta, 2012 Cal. App. LEXIS 1013 (Cal. App. 3d Dist. Sept. 26, 2012), has closed the courtroom door to plaintiffs seeking to sue their employers for firing them in retaliation for filing a workers’ compensation claim, holding that such claims can be brought only before the Workers’ Compensation Appeals Board and not in court. In Dutra,

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September 28, 2012

Employers Must Be Careful When Conducting Criminal Background Checks on California Employees

The Los Angeles Daily Journal published an article today written by Bernstein & Friedland, P.C. discussing the legal traps unwary employers can fall into when they run criminal background checks on their current and prospective employees.  Employers who do so without complying with the many federal and state laws that regulate conducting criminal background checks on California employees can be subject to substantial liability, not

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August 20, 2012

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