News & Insights

California Courts Resist Broad Protections from Forced Arbitration for Victims of Workplace Sexual Harassment and Assault
Hardin Law Group

There is a growing trend among employment rights advocates, legislatures, and some courts to weaken the power of employers to force employees into arbitration agreements. While such agreements are enforceable under many circumstances, there are cases where forced arbitration clauses have been rejected as unconscionable. In 2022, the U.S. Congress passed a law to protect…

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Police Officer’s Firing Upheld upon Credible Finding of Workers’ Compensation Fraud
Hardin Law Group

In California, both public and private employees injured on the job are entitled to workers’ compensation insurance coverage. This coverage is designed to pay all or part of their wages while they are recovering from work-related injuries. However, to receive these benefits, employees must adhere to specific rules and guidelines, including attending medical appointments and…

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California Appeals Court Declines to Apply FEHA to Companies with Fewer than Five Permanent Employees
Hardin Law Group

California has some of the most employee-protective employment laws in the country. With the addition of the federal laws that protect employees nationwide, our state is one of the best states to be an employee. Unfortunately, not everyone is equally protected by our state’s employment laws. The California Court of Appeal recently issued a ruling…

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California Courts are Getting Fed-Up with One-Sided Arbitration Clauses in Employment Contracts
Hardin Law Group

A lesser-known trick that employers and corporations use to avoid employee-protection laws involves requiring prospective employees to enter into an agreement to pursue any claims against the employer through arbitration. Arbitration is a binding, non-judicial forum that addresses claims dressed under simplified rules and procedures, which can reduce the resources needed to address employee claims.…

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What Forms of Evidence Can You Obtain in an Employment Discrimination Lawsuit?
Hardin Law Group

When an employee brings a discrimination, harassment, or retaliation lawsuit, the employee and their employer often undergo discovery, through which both parties share relevant evidence with the opposing party. The law allows a few exceptions to discovery requirements, including attorney-client privilege and work product doctrine. A party does not have to share confidential communications with…

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When Do California Courts Admit Evidence of Employment Discrimination?
Hardin Law Group

When a person files a lawsuit alleging employment discrimination, harassment, or retaliation, they often must introduce evidence to substantiate their claims. Plaintiffs must explain why their evidence is admissible. For example, courts often will not admit statements from someone who is not present during a trial or hearing if a party uses the out-of-court statement…

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What Is the Exhaustion of Remedies Requirement in California Employment Disputes?
Hardin Law Group

Under California law, employees who wish to bring a claim for employment discrimination, harassment, or retaliation must exhaust their administrative remedies before filing a lawsuit in state court. To exhaust their remedies, employees must first file a complaint with the California Department of Fair Employment and Housing, which investigates the claim. Following an investigation, the…

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Can You Obtain Compensation for Travel Time and Security Checks from a California Employer?
Hardin Law Group

In California, certain construction employees are entitled to at least minimum wage compensation for “hours worked” under the Industrial Welfare Commission (IWC) Wage Order Number 16. The IWC also provides for compensation for “employer-mandated travel.” However, these definitions are not always clear-cut. For example, employees in the construction, drilling, logging, and mining industries often spend…

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What Happens When Employers Violate a California Collective Bargaining Agreement?
Hardin Law Group

Typically, a workers’ union will negotiate with an employer for a collective bargaining agreement, which specifies the terms and conditions of employment. Most agreements prohibit either the union or the employer from changing a work policy without engaging in the bargaining process. When an employer unilaterally adopts a new policy, the union may file a…

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How Do Courts Determine Attorney’s Fees in Trade Secrets Cases?
Hardin Law Group

Misappropriation of trade secrets refers to sharing a company’s confidential business information, typically with a competitor. An employer may bring a lawsuit accusing an employer of misappropriating trade secrets. Typically, an employer will seek relief that orders the employee to stop sharing trade secrets. Additionally, an employer will seek attorney’s fees for the costs it…

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