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News
March 13, 2025
On March 10, 2025, the U.S. Supreme Court declined to hear an appeal from a former California fire chief who claimed he was fired because of his Christian faith. The case, brought by Ronald Hittle, had the potential to reshape how courts handle employment discrimination claims but failed to gain enough support among the justices.
News
March 12, 2025
Recently Governor Gavin Newsom signed an executive order that will affect the many thousands of state workers in California, and potentially indirectly, many private workers as well. The order also includes good news for former federal employees who have been let go in the recent mass firings by the U.S. Federal Government. MNK Law is here to advise any employers contemplating re-implementing similar in-office requirements, regarding how to best navigate and implement such policies.
News
March 6, 2025
President Trump recently issued several Executive Orders aimed at Diversity, Equity, Inclusion and Accessibility (“DEI” or “DEIA”) initiatives. On January 20, 2025, the President signed an order entitled “Ending Radical and Wasteful Government DEI Programs and Preferencing” and on January 21, 2025, he signed an order entitled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”.
News
March 4, 2025
California’s Private Attorneys General Act (PAGA) remains a hot topic, with recent court decisions making it even more complicated for both workers and employers. In Leeper v. Shipt, the court ruled that every PAGA lawsuit must include an individual claim, meaning many cases would have to go through arbitration. This decision favored employers, as arbitration can be a quicker and more controlled way to resolve disputes.
News
March 3, 2025
The Financial Crimes Enforcement Network (FinCEN) has announced an extension of the deadline for filing Beneficial Ownership Information (BOI) reports under the Corporate Transparency Act (CTA). While the implementation of these requirements back in effect may be a stressful matter for some, FinCEN is offering businesses a bit of good news. Any businesses needing further guidance in compliance with these requirements should contact MNK Law at 562.362.6437, or info@mnklawyers.com.
Resources
February 27, 2025
Navigating employee performance issues in California demands a keen understanding of the state's unique employment landscape. One of the cornerstones of effective and legally sound performance management is meticulous documentation. In California, where the presumption of at-will employment is tempered by robust employee protections, this becomes paramount. Think of it: if you need to defend against a wrongful termination claim, you'll need specific examples of nondiscriminatory reasons supporting an at-will termination or underperformance, dates, times, and detailed records of feedback sessions. This documentation acts as your shield, especially if a claim of wrongful termination arises, which is a frequent concern
News
February 20, 2025
The Family and Medical Leave Act (FMLA) is a federal law that grants eligible employees the right to take unpaid, job-protected leave for specified family and medical reasons. Filing FMLA lawsuits might have become more difficult now. In the past, employees only had to show that taking FMLA leave was one factor in an employer’s decision to discipline or terminate them. However, a recent decision, Lapham v. Walgreen Co., now requires employees to prove that retaliation was the sole reason for the adverse action, making it much harder to win these cases for the employees. Employers have often struggled with
News
February 18, 2025
Derek Mobley filed a lawsuit against Workday, an AI-based hiring tool provider, claiming its system unfairly rejected his job applications due to his age. Mobley, who initially sought relief for his individual case, is now pushing to expand the lawsuit into a national class action. The expanded claim aims to include millions of applicants over 40 who have been similarly rejected by Workday’s AI system since 2020, arguing they all suffered from the same discriminatory screening practices.
Resources
February 13, 2025
With the increase of raids conducted by the U.S. Immigration and Customs Enforcement (ICE) throughout the country, California employers must be prepared in case ICE conducts a raid at their workplace. Under AB 450 (the Immigrant Worker Protection Act), employers are forbidden from cooperating with ICE regarding unexpected search and seizures, and from voluntarily allowing ICE agents access to non-public areas or employee records without a judicial warrant or subpoena. If ICE arrives, employers should calmly ask for legal documentation before granting access and immediately contact legal counsel to ensure compliance with state and federal laws.
News
February 12, 2025
Recent legal decisions and amendments highlight significant shifts in the landscape of labor law, affirming and expanding employers’ rights in California, while benefiting personally aggrieved employees as well. In EMD Sales, Inc. v. Carrera, the Supreme Court clarified the standard of proof employers must satisfy when defending against Fair Labor Standards Act (FLSA) overtime claims. In Leeper v. Shipt, Inc., the California Court of Appeal addressed arbitration requirements in the context of the Private Attorney General Act (PAGA). Meanwhile, changes to the PAGA framework itself took effect on January 1, 2025, with SB 92 introducing amendments that refine the standing
