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New Developments in Labor Law:

Beginning January 1, 2009, California’s Senate Bill 940 creates new requirements for employers in the temporary service field. Although current laws require employers to pay employees at least twice a month, new law mandates that temporary service employers pay employees on a week to week assignments weekly and those working day to day daily. This bill would not apply to employees who are assigned to an employer for more than 90 days. This new law will be codified under Labor Code section 201.3. Those employers who use the services of temporary agencies should be very careful in making sure that their vendors are in compliance with this new law.

In the case of McDonald v . Antelope Valley Community College Dist. 45 Cal.4th 88, California Supreme Court held that employees may now have more than one year to file their claim and request a “Right to Sue” letter from the Department of Fair Housing as required by the FEHA Act. The Act applies to cases involving sexual harassment, sexual, racial, or disability discrimination and cases involving failure to accommodate a disability or retaliation. According to the court the doctrine of “equitable tolling” may apply to FEHAs one year statute of limitations and toll the limitations period while the employee is pursuing other available remedies such as an internal investigation by the employer or agency.

Our California Employment Attorney is Interviewed by Finance Monthly New Developments in Labor Law (2008) Supreme Court Upholds an Employee's Right to Bring Action if Retaliated Against After Complaining of Racism In Disparate Impact Cases (Age Discrimination), Employers Relying on Reasonable Factors Test Carry the Burden Ninth Circuit Court of Appeals Holds That Text Messages of Employees are Protected Under Privacy Rights Laws Supreme Court Leaves the Door Open to Witness Testimony in Age Discrimination Cases Teens at Work are at Risk for Sexual Harassment Employment Law Team Successfully Settles a Sexual Harassment and Retaliation Case Employment Law Team Successfully Settles a Whistleblower Case New Law Expands Whistleblower Protection for Health Care Workers (AB 632) Court Determines That Not All Inappropriate Conduct Gives Rise to Claim of Sexual Harassment Google Age Discrimination Suit Will Proceed New York Knicks Lose Sexual Harassment Lawsuit California Workers Can Bring Class Action Even if They Signed Arbitration Agreement Employment Law Team Attorneys Prevail in Their Efforts to Bring Tribe to State Courts Employment Law Team Settles a Discrimination Lawsuit Wal-Mart Agrees to Pay $3.9 Million in Damages to Former Employees Jury Orders Target to Pay $1 Million for Firing Soldier Houston Company to Pay $1.1 Million in Back Wages Settlement With the Department of Labor, Releasing FMLA and CFRA Claims Prevents Future Actions Court of Appeals Upholds a $1.55 Million Sexual Orientation Discrimination Verdict California Supreme Court Gives Workers 3 Years to File Claims Employment Law Team Settles an Overtime Claim-Feb 2007 Morgan Stanley Agrees to Settle Gender Bias Suit Compensatory Damages are Not Taxable! IBM's Release Held Invalid The Wal-Mart Ruling and Its Effect on Employee's Rights