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    • Stress Caused by Supervisor Not a Protected Disability

      Generally, employers are legally required to provide reasonable accommodations to employees with disabilities as provided by the Fair Employment and Housing Act (FEHA). Though the scope of ...

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    • USSC Will Review the Scope of Pregnancy Discrimination Act

      In Young v. United Parcel Service, Inc. , the Fourth Circuit held that a company policy that provided light duty work to certain employees, but not pregnant employees, did not qualify as direct ...

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    • Arbitration Clauses

      On August 20, 2012, in Sparks v. Vista Del Mar Child and Family Services (2012 DJAR 11581), the court did not uphold an employment arbitration clause. The court underscored the critical nature of ...

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    • Class Certification is Properly Denied

      On August 30, 2012 in Hernandez v. Chipotle Mexican Grill Inc. (California Courts of Appeal – 2nd District, No. B216004), the court held that where an individual inquiry would be required to establish ...

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    • 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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    • Informative Workers' Rights Event Coming Soon to Los Angeles

      For any employee interested in learning about their rights in the workplace , Asian Americans Advancing Justice (Los Angeles) is hosting a free workers' rights program at their Los Angeles location ...

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    • Delineating the Distinction Between Employees & Independent Contractors

      Given the broad protections provided to employees under California labor laws, it comes as no surprise that many employers have attempted to avoid compliance with these protections by classifying ...

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    • How Do I Report Sexual Harassment?

      With the advancements we've made in today's workplace, you would think that sexual harassment is a thing of the past. Unfortunately for many employees, harassment is still a very real and prevalent ...

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    • Connect with Us Online

      Stay up to date with Spray, Gould & Bowers LLP by connecting with us through any of our online profiles! Our firm is active on social media and has a number of other online profiles. Follow, like, and ...

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    • Non-Sexual Hostile Conduct as the Basis for a Sexual Discrimination Claim

      Offensive conduct need not be of a sexual nature to create a hostile work environment . Conduct which is hostile, but not sexual, that is directed at an employee because of his or her gender may be ...

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    • Verbal Harassment & Displays of Offensive Materials

      Example of Sexual Discrimination: Verbal Harassment Verbal harassment may consist of offensive sexual remarks or non-sexual remarks "of a (sexually) discriminatory nature," meaning that the statements ...

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    • "Reasonable Victim Standard" & "Hostile Work Environment"

      "Reasonable Victim Standard" Determining whether or not the victim's working environment became hostile and abusive as a result of the discriminatory conduct consists of both an objective and ...

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    • 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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    • Pickups are not Compensation

      On August 31, 2011, in Stillman v. Board of Retirement of the Fresno County Employees' Retirement Association , "FCERA" (California Courts of Appeal – 5th District, No. F059430) the court found that a ...

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    • Types of Sexual Harassment

      Sexual harassment can occur in different circumstances, not all involving physical contact. An example of verbal sexual harassment is a quid pro quo situation. Typically, when these situations occur, ...

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    • Sexual Harassment can Occur in any Type of Workplace

      Workplace sexual harassment is a common occurrence that people often hear about or talk about. However, what often goes unanswered is, why these employees do not report this behavior to their employer ...

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    • Speaking Out Against Sexual Harassment

      Recently, Taylor Swift was awarded $1 in her lawsuit against a Colorado DJ who grabbed her rear-end during a fan meet and greet. Swift’s decision to file a countersuit against the DJ is important for ...

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    • Waiving Class Arbitration for Wage and Hour Class Actions

      On August 13, 2012 in Truly Nolen of America v. Superior Court (Miranda) (California Courts of Appeal– 4th District, No. D060519), the court held that there were not enough facts to rule regarding the ...

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    • Assessing One-Way Fee Shifting Provision

      On July 26, 2012 in Arias v. Kardoulias (The California Court of Appeals – 2nd District, No. B234263), the court held that for the purposes of assessing a one-way fee provision, an award of zero does ...

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    • Insurance Claims Adjusters Are Production Workers

      On July 23, 2012 in Harris v. Superior Court (Liberty Mutual Insurance Co.,) , (The California Court of Appeals – 2nd District, No. B195121), the court held that insurance claims adjusters are ...

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    • Pharmaceutical Sales Reps are Outside Salesmen and Don't Get Overtime

      On June 18 th , 2012, in Christopher v. SmithKline Beecham Corp., (The US Supreme Court, No.11-204), held that pharmaceutical sales representatives are outside salesmen and therefore they are not ...

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    • Civil Service Reform Act Provides Exclusive Avenue for Judicial Review

      On June 11 th , 2012, in Elgin v. Dept. of Treasury, (The U.S. Supreme Court, No. 11-45), held that the Civil Service Reform Act (CRSA) provides the exclusive avenue to judicial review when adverse ...

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    • Trial Court can Look at all Relevant Evidence When Making a Determination

      On March 13, 2012, in Cate v. California Sate Personnell Board (Norton), (California Courts of Appeal – 4 th District, No. E053011), the court held that a trial court can make its own determination of ...

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