December 11, 2019

December 11, 2019

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December 10, 2019

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December 09, 2019

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Employer May Have FEHA Liability If It Exercised Direction/Control Over Temp Worker

Jimenez v. U.S. Continental Mktg., Inc., 2019 WL 5257938 (Cal. Ct. App. 2019)

Elvia Velasco Jimenez asserted claims under the FEHA against her “contracting employer,” a manufacturing company named U.S. Continental Marketing Inc. (“USCM”) for which she performed services, and a “temporary-staffing agency” named Ameritemps. At trial, the jury agreed with USCM that it was not Jimenez’s employer, and the trial court entered judgment in its favor. The Court of Appeal reversed the judgment in part, holding that Jimenez was entitled to a new trial on her discrimination and wrongful termination claims at which the jury should be instructed that USCM was Jimenez’s employer. The Court held that “where a FEHA claimant presents substantial evidence of an employment relationship that is rebutted only by direction and control evidence outside the bounds of the contractual context (such as in a temporary-staffing situation where hiring, payment, benefits and time-tracking are handled by a temporary-staffing agency), the claimant has demonstrated an employment relationship for FEHA purposes.”

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About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm
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Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....

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