fjcouglhin

UNDERSTANDING PREGNANT WORKERS FAIRNESS ACT (PWFA)

Certain pregnant workers have the legal right to an accommodation under federal law–The Pregnant Workers Fairness Act (PWFA). The Law The PWFA is a new law (starting June 27, 2023) that requires covered employers (15 employees or more) to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, […]

UNDERSTANDING PREGNANT WORKERS FAIRNESS ACT (PWFA) Read More »

ANTI-SLAPP – DUAL FILING OF DEMURRER AND ANTI-SLAPP MAY ALLOW AMENDMENT OF COMPLAINT

Disagreement exists among appellate courts on whether the bar to amending a complaint takes effect immediately after a defendant files an anti-SLAPP motion or only when the court indicates the motion has merit. (Compare Mobile Medical Services, etc. v. Rajaram, supra, 241 Cal.App.4th at p. 171 and Law Offices of Andrew L. Ellis v. Yang

ANTI-SLAPP – DUAL FILING OF DEMURRER AND ANTI-SLAPP MAY ALLOW AMENDMENT OF COMPLAINT Read More »

PERSONAL JURISDICTION: WEBSITE ADVERTISING POSES RISKS OF GETTING HAULED INTO COURT IN OTHER STATES

In a recent legal malpractice case, the plaintiff sought services from the VA in Los Angeles.  During those services, a VA social worker initiated a sexual relationship with her, which VA officials later deemed “profound patient abuse.”  She filed an administrative claim under the Federal Tort Claims Act (FTCA) and the VA assigned a VA

PERSONAL JURISDICTION: WEBSITE ADVERTISING POSES RISKS OF GETTING HAULED INTO COURT IN OTHER STATES Read More »

ADEA — AGE DISCRIMINATION AND CONSTRUCTIVE DISCHARGE

The ADEA prohibits an employer from discharging any individual (at least 40) or otherwise discriminating against him with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age. An ADEA plaintiff must prove that age was the “but-for” cause of the adverse employment action. But in some ADEA cases, the

ADEA — AGE DISCRIMINATION AND CONSTRUCTIVE DISCHARGE Read More »