A California Employer’s “Mixed Motives” Defense to Discrimination: Significantly Cutting Your Losses

 On February 7, 2013, the playing field tilted ever so slightly in the employer’s favor, in the California Supreme Court case of Harris v. City of Santa Monica. 2013 Cal. LEXIS 941 (February 7, 2013). A City bus driver, Wynona Harris, alleged she was fired by the City of Santa Monica because of her pregnancy, in violation of California’s Fair Employment Housing Act, which prohibits [...]

Obamacare: CA Employer Survival Guide

Having attended various seminars on the still unfolding, Patient Protection Affordable Care Act, aka, Obamacare, one thing becomes obvious: It is still a work in progress. The federal departments who seem to be leading the charge are, predictably, the US Department of Labor, the US Dept. of Health and Human Services and the IRS. At the state level, the leading player will be the Health [...]


Since organized labor couldn’t eliminate union elections altogether via the Employee Free Choice Act, the Obama administration now offers big labor the next best thing: 1). “Quickie elections” from the Labor Board and 2). Onerous reporting requirements to be mandated for employers and their labor consultants by the U.S. Department of Labor. EVISCERATING THE EMPLOYER’S RIGHT TO FREE SPEECH Each agency has announced these new [...]


For any employer who values its union-free work environment, this is a bonafide alert, not a false alarm. Now that EFCA (Employee Free Choice Act) is DOA (dead on arrival) in Congress, the Obama Labor Board has decided to just bypass Congress entirely. The NLRB will soon implement its new rules and regulations to shorten the election cycle, limit employer legal challenges to elections, and [...]

California Labor Law Alert: CA. Supreme Court – Overtime Pay is Required for Work Performed in California by Out of State Employees, Regardless of Residence (Oracle v. Sulllivan III)

If your Corporation has out-of-state employees working in California, and your Corporation has not complied with California’s daily/weekly overtime pay requirements for non-exempt employees (California Labor Code §§ 510, 1194), this article will likely cause you a great deal of indigestion: Responding to certified questions from the US Ninth Circuit Court of Appeals, the California Supreme Court has affirmatively stated that California’s overtime laws apply [...]

Genius Can’t Take a Bite Out of Apple-Class Certification Denied for Rest Period Claims

Case Summary: Plaintiff, Steve Camuti, requested class certification of all persons employed in the position of “Genius” for Apple, Inc., from September 15, 2005 to the time of trial, allegedly for missed rest periods, as well as for derivative claims arising from the alleged, missed rest periods. Apple brought its own Motion to Strike the Class Allegations/Deny Certification of the proposed Class. The Superior Court [...]