Archive for Employment Litigation

CA Supreme Court Upholds Mixed Motive Defense in FEHA Actions

In Harris v. City of Santa Monica, the CA Supreme Court ruled that an employer could be liable under the Fair Employment and Housing Act (FEHA) if that employer took “adverse employment action” against an employee and unlawful discrimination was a “substantial factor motivating” that action.  However, the Court…

The Prevailing Party on a Labor Code §226.7 Claim for Unpaid Meal and/or Rest Breaks Does Not Get Attorneys’ Fees

The California Supreme Court held that attorneys’ fees are not awardable to the winners in cases involving meal and rest period claims under Labor Code §226.7. In Kirby v. Imoos Fire Protection, Inc., the Court held that a Labor Code §226.7 claim is not a claim for which…