In Taylor Patterson v. Domino’s Pizza, LLC, the California Supreme Court restricted the ability of a franchisee’s employees to sue the franchisor based on theories of vicarious liability and the theory that the franchisor was an “employer” under California’s Fair Employment and Housing Act (“FEHA”). With this decision, franchisors can breathe a sigh of relief as … Continue Reading
In a same-sex sexual harassment case, does the plaintiff need to prove that the alleged harasser’s conduct was motivated by sexual desire? Under SB 292, a law signed by Governor Brown a few days ago, the answer in California is "no." A key question when dealing with a sexual harassment claim under California’s Fair Employment … Continue Reading
If you’ve followed the development of California law on the enforceability of arbitration agreements in the last few years, you know it’s complex. And last week, it just got a little more so, although in a way that might be good for employers. In Pearson Dental v. Superior Court, the California Court of Appeal (Second … Continue Reading
In a ruling that could simplify the defense of retaliation claims in California, the California Supreme Court recently held that there exists no individual liability for retaliation under California’s Fair Employment and Housing Act (FEHA). Jones v. The Lodge at Torrey Pines P’ship, (Cal. Mar. 3, 2008). Although the FEHA prohibits discrimination by "an employer," … Continue Reading
