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TIPPING IN RESTAURANTS AND BARS- WHO GETS TO KEEP THEM AND WHY

Under California law, every tip left behind for an employee is declared to be the sole property of the employee to whom it was paid, given, or left for. (Labor Code section 351). In layman's terms, the tip belongs to the employee, not the employer…

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LOS ANGELES JURY AWARDS FORMER UCLA ONCOLOGIST $13 MILLION IN GENDER DISCRIMINATION CASE

A Los Angeles jury awarded Dr. Lauren Pinter-Brown, a former UCLA oncologist, $13 million in a gender discrimination case on February 15, 2018 after it found that her complaints about disparate treatment due to her gender were valid…

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FEDERAL CIVIL RIGHTS LAW PROTECTS AGAINST EMPLOYMENT DISCRIMINATION BASED ON SEXUAL ORIENTATION

While California's Fair Employment and Housing Act protects employees against discrimination in the workplace based on sexual orientation, among other characteristics, the issue was not as clear in the federal forum until recently. A federal appeals…

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OBESITY MAY QUALIFY AS A DISABILITY UNDER CALIFORNIA LAW

The California Court of Appeal recently ruled that obesity may qualify as a disability under the Fair Employment and Housing Act ("FEHA"). Cornell v. Berkeley Tennis Club, 2017 WL 6524707 (Cal. Ct. App. 2017). Ketryn Cornell was a severely obese woman who was fired from her job as a manager…

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NEW EMPLOYERS CAN NO LONGER INQUIRE ABOUT PAST COMPENSATION

Effective January 1, 2018, employers can no longer seek or take into consideration a job applicant's prior compensation and benefits when determining to hire the applicant, and in setting the applicant's compensation and benefits…

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EMPLOYER MUST COMPENSATE FOR TIME SPENT OPENING AND CLOSING STORES

The California Supreme Court, in a unanimous decision, recently issued a ruling which held that employees must be paid for time spent opening and closing stores. The decision comes from a lawsuit filed by a shift supervisor who worked at Starbucks…

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