They All Look Like Mary Poppins
Years ago I participated in a deposition of a sexual harassment plaintiff. She claimed to be a victim of unwanted sexual banter. The defendants did not deny the banter. They [...]
The Ambiguity of the On-Duty Meal Period
I often tell clients that ambiguity creates lawsuits. It may be the ambiguity in the facts that allows a plaintiff to assert a particular claim. Often it is the law [...]
When Is Same Sex Harassment Actionable?
The scenario is a common one-- in a construction, manufacturing, or other workplace where big, burly men are predominately employed, a "less manly" man is ridiculed and mocked. The behavior [...]
Same-Sex Marriages Are Recognized Under ERISA
In June 2013, the United States Supreme Court concluded in United States v. Windsor that section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. Section 3 stated that marriage referred only [...]
Sip on This One — The Starbucks Class Action Wage Lawsuit
In 2008 barista, Summer York, filed a class action against Starbucks alleging missed meal periods, missed breaks and for receiving inaccurate wage statements. The lawsuit initially sought $10 million. It eventually settled, [...]
The Impact Of California’s Minimum Wage Increase
We have all heard the news. California's Legislature, comprised of a super-majority of Democrats, have voted to increase minimum wage to $10 per hour. You know the arguments -- a [...]