Moakler v. County of Orange

On November 26, 2007, the Fourth District Court of Appeals reversed in part the trial court's ruling in regards to what constitutes a "pattern of continuous, and pervasive harassment."  The ruling is favorable to California employers and provides guidance in determining if harassment is sufficient pervasive so as to alter the conditions of employment, creating a hostile work environment.

State Supreme Court Interprets FEHA to Parallel the ADA

Under a recent California State Supreme Court decision, the state Fair Employment and Housing Act now requires an individual alleging disability discrimination to establish that they are able to perform their job's essential duties before they can prevail in a lawsuit for discrimination.  This case parallels California law to the Federal American's with Disabilities Act

Nevada Construction Defect Case Law Update

The Nevada Supreme Court recently issued two opinions arising out of construction defect litigation.  The first, Westpark Owners' Association v. Eighth Judicial District Court, dealt with rights under NRS 40.600, et seq. involving apartments that had been converted to condominiums.  The second, D.R. Horton v. Eighth Judicial District Court, attempted to strike a balance between a contractors' right to reasonable detail in the Chapter 40 Notice and the Association's right to utilize extrapolation testing in the pre-litigation process.

Immigration Law Update

DHS Issues Final Safe Harbor Rules

LoDuca v. Polyzos

Court of Appeals Rules Homeowners may Recover Attorney Fees from Subcontractors under Third Party Beneficiary Theory

Myers v. Trendwest Resorts, Inc.

A California Appeals Court recently held that an employer was not entitled to summary adjudication in a strict liability action for plaintiff former-employee's sexual harassment where triable issues of material fact existed

Davis v. O'Melveny & Myers

California Appeals Court recently reversed a District Court's dismissal of an employee's action against her former employer, holding that the defendant's Dispute Resolution Provision for its employees was unconscionable and unenforceable in California

Wright v. Issak

A California Appeals Court recently held that an unlicensed contractor denied workers' compensation insurance for underreported payroll may not sue for unpaid work

Murphy V. Kenneth Cole Productions

In the most important Employment Law case of the year, the California Supreme Court recently held that the “additional hour of pay” for employees missing meal and break periods is a wage and not a penalty, thus falling under the three-year statute of limitations instead of the one-year statute of limitations

Hernandez V. Hillsides

A California Court of Appeals recently reversed a trial court summary judgment granted for an employer who placed surveillance video camera in an office two employees shared. The Court of Appeal held that employees had expectation of privacy in office

Jeld-Wen Inc., v. S.D.S.C. (Marlborough Dev. Corp)

A California Court of Appeals recently held that a trial courts do not have the authority to order parties in a complex civil action to attend and pay for private mediation. Below is a summary of the case, which highlights the importance of counsel in complex litigation to avoid unnecessary costs

ACS Systems, Inc., v. St. Paul Fire and Marine Insurance

A California Court of Appeals recently affirmed that a general liability insurer is not required to defend an insured charged with invasion of privacy for sending unsolicited fax advertisements

Bostick v. Flex Equipment Co.

A California Court of Appeals recently affirmed that in a strict products liability case covering a single defective product, Prop. 51 is inapplicable where defendants are part of the same chain of distribution

New Requirements on All Contractors with Active Licenses

New Requirement to Take Effect January 1, 2007 Which Creates New Requirements for Insurers who Issue Workers Compensation Insurance to Roofing Contractors with Active Licenses

Smith v. Superior Court of Los Angeles County

Releasing an Employee Upon Completion of a Particular Time Duration for Which the Employee Was Hired Requires Payment of Wages Under the California Labor Code

SafeCo Insurance Co. of America v. Superior Court

The Burden of Proof in Equitable Contribution Actions

California Appellate Court Imposes Federal Standard of "Extreme Care" Upon Commercial Vehicles Operating in Hazardous Conditions

Recent California Supreme Court case Creates Greater Risk for Employers:

A Workplace Romance Can Create A Hostile Work Environment