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Blog Posts in 2014

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  • Senate Bill 292: Amendment to California's Fair Employment and Housing Act
    Senate Bill 292: Amendment to California's Fair Employment and Housing Act

    This bill is responding to the sexual harassment case, Kelley v. Conco Companies (2011) 196 Cal.App4th 191. In Kelly , the court held that to prove sexual harassment, there must be an element of ...

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  • Legal Effect of Berman Waivers on Arbitration Agreements
    Legal Effect of Berman Waivers on Arbitration Agreements

    Legal Effect of Berman Waivers on Arbitration Agreements The California Legislature implemented Berman hearings, as codified in California Labor Code §98, to provide an efficient an inexpensive ...

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  • CA Supreme Court Opinion Clarifies Scope of Franchisor Liability
    CA Supreme Court Opinion Clarifies Scope of Franchisor Liability

    To determine whether a franchiser may be held liable for sexual harassment by a franchisee employee, courts must decide if the franchisor has retained the requisite level of control over the ...

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  • USSC Looks to Employment Discrimination Statutes to Define
    USSC Looks to Employment Discrimination Statutes to Define "But For" Causation in Criminal Case

    In Burrage v. United States , the United States Supreme Court addressed the element of causation in a criminal statute, which specifically contain the phrase "results from." Though this was a criminal ...

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  • What is Elder Abuse?
    What is Elder Abuse?

    Elder abuse is a common and growing problem—in fact, each year thousands of elder people are subjected to elder abuse and may not even realize it. This comes as a result of age, frailty, or a ...

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  • How to Spot Nursing Home Neglect
    How to Spot Nursing Home Neglect

    Resulting from understaffed facilities and oftentimes the desire to maximize profits, nursing home neglect is a growing problem in the community. Compounding the problem is the reality that it can ...

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