Although most of the focus in determining whether an employee is exempt from the requirements of overtime and meal and rest periods is usually focused on the duties the employee performs, California's Sixth Appellate District recently reminded us that there is another, equally important factor to consider.  To be “exempt,” an employee must be...

Paula Deen, long-time cooking show host and author of numerous cookbooks, recently learned that the Food Network can't stand the heat and is kicking her out of the kitchen for racial discrimination. Deen is famous for her deeply Southern, often sweet and fatty comfort foods.  Deen's Southern roots have landed her in the fryer this time, as...

Lately, it seems like courts have all been jumping on the arbitration bandwagon, sending ever-increasing number of employee lawsuits to arbitration.  Courts have allowed employers to force all of their employees to arbitrate any claims against the employers and even allowed employers to use arbitration agreements to prevent their employees from filing class action...

In Westerndorf v. West Coast Contractors of Nevada, Inc. the Ninth Circuit recently reversed the lower Court's summary adjudication of a Plaintiff's claim for retaliation on the basis of sex despite the fact that it affirmed summary adjudication on the sexual harassment itself.Plaintiff Jennifer Westendorf filed suit against her former employer West Coast Contractor for, among other things,...

An employee who was disabled as a result of her pregnancy and had exhausted all leave under California Pregnancy Disability Leave Law (“PDLL”) and the California Family Rights Act (“CFRA”) was entitled to additional leave as a reasonable accommodation under the California Fair Employment and Housing Act (“FEHA”), the California Court of Appeal has ruled in...