"What is said here, stays here"--most of the time.

The Facebook boys duked it out. Zuckerberg won.  The Twins lost (again).  Court held the Twins couldn't introduce fraudulent statements made in the mediation to prove they were tricked into signing a settlement agreement.  Why?  Because the rules of evidence create a "privilege" against disclosure to encourage negotiations free of concern about admissions. Problem for the twins:  the fraudulent statements made in mediation were barred.  Result:  Twins cry.  Zuckerberg gets richer.  Mediators everywhere rejoice.

The Facebook Inc. v. Pacific Northwest Software Inc., 2011 WL 1346951 (No. 08-16745) (9th Cir. Apr. 11, 2011).

"If the pink slip doesn't fit, get redressed!"
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Owed Overtime? Don't Be Fooled by "Salaried, Exempt" Labels.

Unlicensed Junior Accountants can recover overtime pay if they show limited work discretion as "accountants."  Work, not titles, is what "counts."  Campbell v. PWC, LLP.  (ED CA) 2011 DJDA 8772.  Point:  "Don't be fooled by "salaried exempt" labels.

"If the pink slip doesn't fit, get redressed!"
Click to see my complete social "pink slip" wardrobe. 

When Law Firms Break the Law

Stats show gender bias at management level in law firms.  I have a number of cases of gender harassment by law firms.  I love these cases.  These firms know better, but don't care.

"If the pink slip doesn't fit, get redressed!"
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Dads, Use Your Equal Leave Rights to Bond with Newborn.

Dads have equal rights to bond with newborn child by using family medical leave. Baby bonding time does not require doctor certification, just proof of birth. CA Govt. C. Sec. 12945.2(c(3)(A).

"If the pink slip doesn't fit, get redressed!"
Click to see my wardrobe of remedies. Link

No Class to this Action

Conservative View: Company wide national pattern of discrimination not "proof" of class impact. Supreme Court kills mega-class actions. Dukes v. Wal-Mart decided 5 to 4, June 20, 2011.

"If the pink slip doesn't fit, get redressed!"
Click to see my wardrobe of remedies. Link

FAA discloses Pilot's HIV to World

Supreme Court will review "Privacy Act" violation. Pilot hid HIV from FAA in license application.

"If the pink slip doesn't fit, get redressed!"
Click to see my wardrobe of remedies. Link

It's as Easy as It Can Be: Just Ask Your Friend the EEOC

Effective May 1, 2011, the new EEOC regulations defining disability discrimination and accommodation rights will go into effect.  See 29 Code of Federal Regualtions, Part 1630. 

As a California employee rights attorney, I have studiously limited my disability cases to the rights provided under California law, which up to now has been more liberal in protecting employees.  Not so now.  The EEOC regulations largely expand employee protections to be those afforded under California's Fair Employment and Housing Act [FEHA].

In a nutshell, the regulations expand the definition of a disability qualifying for accommodation to be any condition that in some even slight way impairs a persons ability to perform work.  An impairment of "a major life activity" means an impairment of just about any function of thought or action, even when assistive devices or medications may ameliorate the effects of the condition. 

The goal, explicitly stated by the EEOC, is to remove the usual bickering between employer and employee over whether the employee has a disability.  [Several conservative U.S. Supreme Court decisions defining "disability" under the A.D.A. were specifically targeted for reversal by Congress in directing the Commission to develop more liberal protections]. 

Now California disability discrimination lawyers, such as I, will have the option, if needed, to rely on the federal law as well as state law.  However, for those states having regressive, conservative, or even non-existant disability accommodation laws, these new federal regulations expand the rights of millions of Americans. 

"If the pink slip doesn't fit, get redressed!"
Click to see my wardrobe of remedies. Link

"Oh GINA, GINA, Goddess of Love That You Are"

OK, you don't remember that song, or more likely, never heard it.  It's from the 60s.  Now fast forward to the 21st Century.  GINA is the "Genetic Iformation Nondiscrimination Act of 2008."  Basically, the Act provides that genetic information cannot be obtained or used in making employment decisions. 

The EEOC recently issued some clarifying regulations (1/10/11) stating that when an employee uses extended medical leave under the Family Medical Leave Act, the employer cannot obtain genetic information as part of the doctor's certification of the qualifying disability.  Genetic information includes references to the patient's family history of disease, not just actual genetic testing results. 

"If the pink slip doesn't fit, get redressed!"
Click to see my wardrobe of remedies. Link