California Employment Law Update

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November 2023 California Employment Law Notes

We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims Disability Discrimination Claim Was Properly Dismissed On Summary Judgment Employee’s Attorney’s “Pervasive Incivility” Justified … Continue Reading

Once Again, Employer Loses Right To Arbitrate By Failing To Timely Pay Arbitration Fees

Doe v. Superior Court, 95 Cal. App. 5th 346 (2023) An anonymous employee sued her former employer and former manager, alleging multiple instances of sexual harassment and assault. The former employer successfully compelled the case to arbitration. The deadline for the employer to pay the arbitration fees pursuant to Cal. Code Civ. Proc. § 1281.98(a)(1) … Continue Reading

Employer Improperly Delayed Pay To Employees Terminated After Onset Of COVID-19

Hartstein v. Hyatt Corp., 82 F.4th 825 (9th Cir. 2023) Karen Hartstein represents a certified class of former Hyatt employees who were laid off after the onset of the COVID-19 pandemic in March 2020. The class alleged that Hyatt violated California law by failing to pay them immediately for their accrued vacation time and by … Continue Reading

Lawyer-Investigators Recover Attorneys’ Fees Following Successful Anti-SLAPP Motion

Ross v. Seyfarth Shaw LLP, 96 Cal. App. 5th 722 (2023) Plaintiff Natalie Operstein was a professor of linguistics at California State University, Fullerton, and plaintiff Craig Ross is her husband. In 2014, the university hired a law firm to investigate multiple accusations Operstein raised to her superiors about three of Operstein’s colleagues. Defendant Colleen Regan, … Continue Reading

Employees Were Properly Awarded $7.2 Million For Employer’s Breach Of Contract

Park v. NMSI, Inc., 96 Cal. App. 5th 616 (2023) Julie Park and Danny Chung sued their former employer (NMSI, Inc., a residential mortgage lender) for $7.2 million in profit sharing and related amounts associated with NMSI’s alleged breach of contract, which the trial court granted in the form of prejudgment right to attach orders. NMSI … Continue Reading

Disability Discrimination Claim Was Properly Dismissed On Summary Judgment

Martin v. Board of Trustees of the Cal. State Univ., 2023 WL 7537694 (Cal. Ct. App. 2023) Following the termination of his employment as director of university communications at CSUN’s Marketing and Communications Department, Jorge Martin sued the university for race, gender and sexual orientation harassment and discrimination because he is a “middle-aged, light-skinned Mexican-American, … Continue Reading

Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims

Mattson Tech., Inc. v. Applied Materials, Inc., 2023 WL 7180167 (Cal. Ct. App. 2023) Canfeng Lai worked for many years at Applied Materials before submitting his resignation to begin a new job at Mattson Technology (one of Applied’s competitors). First, however, Lai allegedly emailed himself a number of files containing Applied’s trade secrets. In response, … Continue Reading
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