BERNSTEIN & FRIEDLAND, P.C.

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 Supreme Court Issues Seminal Decision on Meal and Rest Breaks

After a long wait, the California Supreme Court finally issued its much-anticipated ruling in Brinker Restaurant Corp. v. Superior Ct., 53 Cal. 4th 1004 (2012), resolving several unanswered questions regarding employers’ obligations with respect to employee meal and rest breaks. First, the Supreme Court concluded that with respect to meal breaks, employers fulfill their obligations under the California Labor Code when they relieve their employees of

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April 20, 2012

Muslim Pakistani Employee’s Religious and National Origin Harassment Claims Allowed to Proceed to Trial

In Rehmani v. Superior Ct., 204 Cal. App. 4th 945 (2012), the California Court of Appeal overturned the trial court’s order granting summary adjudication to the plaintiff’s former employer, Ericsson, Inc., concluding that triable issues of fact existed as to the defendant’s liability for harassment.  Id. at 948. In this case, Ericsson fired the plaintiff after a human resources investigation concluded that he had sent two emails

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April 12, 2012

Stunning $167 Million Verdict to Plaintiff Alleging Sexual Harassment and Retaliation by Her Employer

A Sacramento jury in federal court has awarded more than $167 million to Ani Chopourian, who alleged that her former employer, Dignity Health (formerly known as Catholic Healthcare West), sexually harassed her and illegally retaliated against her for repeatedly complaining about patient and employee safety, abuse against women, and unsafe hospital conditions. In this case, the jury heard evidence that during the plaintiff’s employment with

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March 19, 2012

Court Finds Nonexclusive Insurance Agent May Be Classified as an Independent Contractor

In Arnold v. Mutual of Omaha Ins. Co., 202 Cal. App. 4th 580 (2011), the California Court of Appeal held that a nonexclusive insurance agent working for the defendant (as well as other insurance companies) was not entitled to expense reimbursements, unpaid wages, or related penalties because the company properly classified her as an independent contractor, thereby precluding her entitlement to these employee benefits. In this

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January 14, 2012

Person Who Hires Independent Contractor Cannot Be Held Liable for Injuries to the Worker

In Gravelin v. Satterfield, 200 Cal. App. 4th 1209 (2011), the Court of Appeal considered whether an independent contractor–or the employee of one–can sue the person who hired the contractor for injuries that occurred in the workplace, concluding that they cannot. In this case, the defendants, homeowners in Mendocino County, contracted with DISH Network to replace their existing satellite dish.  DISH Network outsourced the job to

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December 4, 2011

California Court of Appeal Holds Supervisors Cannot Be Personally Liable for Discrimination or Retaliation Against Employees Seeking Military Leaves of Absence

In Haligowski v. Superior Court, 200 Cal. App. 4th 983 (2011), the Court of Appeal considered whether supervisors can be personally liable for discriminating or retaliating against employees who seek time off from work to comply with their military obligations, concluding that they cannot. In this case, the plaintiff was called to active duty with the Navy, and when he returned from his six-month deployment in Iraq

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November 18, 2011

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