California’s whistleblower law, Labor Code section 1102.5, helps discourage employers from retaliating against employees who report unlawful activity in the workplace. It’s an important law because it safeguards other rights and privileges afforded to employees. Last fall, Governor Gavin Newsom signed into law AB 1947, an amendment to Section 1102.5. The new Labor Code […]
Read more...Attorneys Fees and Costs
Disabled Prison Guard Wins his Third Appeal Against the California Department of Corrections and Rehabilitation
Courts can award attorneys’ fees to the prevailing plaintiff in a discrimination or harassment claim brought under the Fair Employment and Housing Act (FEHA). These attorney fee awards are designed to incentivize and reward a plaintiff’s counsel for litigating a civil rights case that is generally taken on a contingency fee basis and therefore has inherent risks. Trial courts first calculate the lodestar amount, which is the product of the hours spent and the prevailing hourly rate of attorneys in the community conducting similar non-contingent litigation. Then courts can increase this amount by adding a multiplier or increasing the lodestar amount by looking at various factors, such as the risk of non-payment, the public interest in advancing civil rights cases, the complexity of the issues involved, and the skill of the attorneys. Continue reading “Disabled Prison Guard Wins his Third Appeal Against the California Department of Corrections and Rehabilitation”
Can I Be Fired for My Political Beliefs or Activities in California?
In this time of political turbulence, many people wonder if they can be fired for their political beliefs or activities. In California, the answer to that question is no, thanks to the provisions of California Labor Code sections 1101 and 1102. Section 1101, which has been on the books since 1937, provides as follows: No […]
Read more...Plaintiff Denied Attorneys’ Fees even though his Physical Disability was a Substantial Motivating Reason Behind his Termination
William Bustos brought several disability discrimination-related claims against his employer Global P.E.T., Inc. Mr. Bustos was fired just a day before he was scheduled to have carpal tunnel surgery. The case went to trial and resulted in a defense verdict. Despite the defense verdict, the jury found that Mr. Bustos’s disability was a substantial motivating reason for Global P.E.T., Inc.’s decision to terminate him. However, the jury also found that Global P.E.T., Inc.’s conduct was not a substantial factor in causing harm to Mr. Bustos. Bustos v. Global P.E.T., Inc., et al., Fourth Appellate Court of Appeal, No. E065869 (published Jan. 16, 2018). Continue reading “Plaintiff Denied Attorneys’ Fees even though his Physical Disability was a Substantial Motivating Reason Behind his Termination”
Suing for Unpaid Wages in California: Recovering Attorney’s Fees
If I lose my wage and hour claim, will I have to pay my employer’s attorney’s fees? California law provides many different ways for workers to recover attorney’s fees in wage and hour claims. Options for employees who wish to sue for unpaid wages may include: prevailing on a claim for failure to pay the […]
Read more...“I want to sue my California employer for harassment and discrimination? But what happens if I lose my case?”
One important question that people often ask (and should ask) when thinking about suing their employer is, “What happens if I lose? Do I have to pay the defendant any money?”
In answering this question, it is critical to understand the difference between attorneys’ fees and costs. “Attorneys’ fees,” as the name indicates, are the actual fees that a defendant has paid to its attorneys to represent it in a lawsuit. “Costs” refers to the various expenditures that are made during the course of litigation, and can include things such as filing fees and court reporter fees.
In Williams v. Chino Valley Independent Fire District S213100 (May 4, 2015) the California Supreme Court recently clarified the circumstances in which a plaintiff who files a case under the Fair Employment and Housing Act (FEHA) and loses must pay the defendant’s case costs. The FEHA governs claims under California law for discrimination, harassment, and retaliation for complaining about discrimination and harassment, among other things. The Williams opinion will therefore impact all cases involving such claims. Continue reading ““I want to sue my California employer for harassment and discrimination? But what happens if I lose my case?””
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