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The act provides immunity to the State of California and its related entities from being sued. The law immunizes public employees from liability for “instituting or prosecuting any judicial or administrative proceeding” within the scope of their employment, “even if” the employees act “maliciously and without probable cause.” (Cal. Gov. Code, § 821.6)
California law and the FEHA also allow for the imposition of punitive damages [9] [10] when a corporate defendant's officers, directors or managing agents engage in harassment, discrimination, or retaliation, or when such persons approve or consciously disregard prohibited conduct by lower-level employees in violation of the rights or safety of the plaintiff or others.
California Refinery and Chemical Plant Worker Safety Act of 1990 added section 7872 and 7873 to the Labor Code. On September 25, 1992, AB 2601 was signed into law. [20] It protected gays and lesbians against employment discrimination. [21] California was the seventh state to add sexual orientation to laws barring job discrimination. [22]
Several Uber drivers have claimed to be employees, despite their classification as independent contractors. Some of the drivers sued after California passed a law aimed at requiring gig economy companies to classify workers as employees that took effect January 1, 2020. [13] Likewise, many more workers in the gig economy are making similar claims.
Four state government agencies are entirely exempt from administrative mandate. Appellate review of the decisions of the Agricultural Labor Relations Board , [ 37 ] the Public Utilities Commission , [ 38 ] and the Workers Compensation Appeals Board of the Department of Industrial Relations [ 39 ] is available only by petition for writ of review ...
“With AB 886, the free press in California hangs in the balance,” said a tech industry representative. California bill makes Big Tech pay for news. Why tech companies call it a government handout
The Federal Employees Liability Reform and Tort Compensation Act of 1988, also known as the Westfall Act, is a law passed by the United States Congress that modifies the Federal Tort Claims Act to protect federal employees from common law tort lawsuit while engaged in their duties for the government, while giving private citizens a route to seek damage from the government for violations.
A Berman hearing is an administrative procedure under California law designed to resolve wage disputes between employees and employers efficiently and informally. Named after Howard Berman, the California State Assembly member who introduced the legislation, [1] these hearings are conducted by the California Labor Commissioner’s Office to adjudicate claims related to unpaid wages, overtime ...