Blumenthal, Nordrehaug, Bhowmik, & De Blouw

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Our firm represents employees that need to defend themselves against businesses that break Californi

At Blumenthal, Nordrehaug & Bhowmik, our San Francisco employment attorneys, Los Angeles wage attorneys San Diego labor attorneys understand the hardship for employees to defend themselves against a company that does not follow California labor laws. It doesn't matter if you are looking for a wrongful termination lawyer , overtime pay lawyer in San Francisco or class action attorney in Los Angeles, our employment law firm will help you overcome your employers illegal practices & bring you the justice you deserve. Don't wait, contact our labor attys for free legal advice about your rights at work.

✔ Sexual Harassment
✔ Unlawful Termination
✔ Class Action
✔ Overtime Pay
✔ Wage & Hour
✔ Discrimination
✔ Job Benefits
✔ California Labor Laws

10/22/2026

⚖️ 𝗖𝗮𝗻 𝗬𝗼𝘂𝗿 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗿 𝗙𝗼𝗿𝗰𝗲 𝗬𝗼𝘂 𝗜𝗻𝘁𝗼 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗜𝗳 𝗬𝗼𝘂 𝗖𝗼𝘂𝗹𝗱 𝗕𝗮𝗿𝗲𝗹𝘆 𝗥𝗲𝗮𝗱 𝘁𝗵𝗲 𝗔𝗴𝗿𝗲𝗲𝗺𝗲𝗻𝘁?

What happens when an employee is given only minutes to review an employment agreement printed in extremely small, blurry text?

The California Supreme Court recently addressed this issue in *Fuentes v. Empire Nissan, Inc.* The employee was given approximately five minutes to review an onboarding packet containing a mandatory arbitration provision that was described as “nearly unreadable.”

The Court held that while illegible formatting generally relates to **procedural unconscionability**, courts must take a closer look at the actual terms of an agreement when there is a high degree of procedural unfairness.

The decision also emphasizes that ambiguities in an agreement may be construed against the party that drafted it.

📌 Key factors employees may want to consider include:
• How much time they were given to review the agreement
• Whether the agreement was legible
• Whether they had an opportunity to ask questions or negotiate
• Whether they received a copy
• Whether the terms are one-sided or unfair

Read the full article to learn more about *Fuentes v. Empire Nissan, Inc.* and what the California Supreme Court's ruling could mean for employment arbitration agreements.

https://www.bamlawca.com/california-labor-laws/can-your-employer-force-you-into-arbitration-if-the-agreement-was-too-small-and-blurry-to-read-when-you-signed-it

10/19/2026

🚨 𝗪𝗵𝗲𝗻 𝘁𝗵𝗲 𝗕𝗼𝘀𝘀 𝗜𝘀 𝘁𝗵𝗲 𝗛𝗮𝗿𝗮𝘀𝘀𝗲𝗿: 𝗪𝗵𝗮𝘁 𝗖𝗮𝗻 𝗮 𝗖𝗮𝗹𝗶𝗳𝗼𝗿𝗻𝗶𝗮 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗲 𝗗𝗼?

What happens when the person accused of years of sexual harassment is the owner of the company?

A recent California case highlights the legal issues that can arise when an employee alleges repeated sexual harassment by a company owner, including questions about employer liability and whether the employee’s claims were filed within the applicable time limits.

California employees who experience workplace harassment may have legal rights and potential remedies under state law. The specific facts and timing of the alleged conduct can be critical.

📌 Read the full article to learn more about the case and the legal issues involved.
https://www.bamlawca.com/california-labor-laws/when-the-boss-is-the-harasser-what-can-a-california-employee-do-after-years-of-sexual-harassment-by-a-company-owner

10/15/2026

⚖️ **𝗖𝗮𝗻 𝗮 𝗣𝗿𝗲𝘃𝗶𝗼𝘂𝘀 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗟𝗼𝘀𝘀 𝗣𝗿𝗼𝘁𝗲𝗰𝘁 𝗛𝘂𝗻𝗱𝗿𝗲𝗱𝘀 𝗼𝗳 𝗢𝘁𝗵𝗲𝗿 𝗪𝗼𝗿𝗸𝗲𝗿𝘀?**

A recent Ninth Circuit ruling in *O’Dell v. Aya Healthcare Services, Inc.* addressed whether prior arbitration decisions involving some employees could prevent an employer from enforcing arbitration agreements against hundreds of other workers.

The court held that arbitration agreements generally must be evaluated individually. A successful challenge by one employee does not automatically prevent an employer from enforcing arbitration agreements with other employees.

The decision also highlights the importance of understanding **delegation clauses, unconscionability challenges, class action waivers, and PAGA claims** when reviewing an employment arbitration agreement.

📌 Read the full article to learn more about the case and what it means for California employees.
https://www.bamlawca.com/california-labor-laws/can-employees-use-a-previous-arbitration-loss-by-their-employer-to-block-arbitration-for-hundreds-of-other-workers

10/12/2026

⚖️ **𝗖𝗮𝗻 𝗮 𝗟𝗼𝗻𝗴-𝗧𝗲𝗿𝗺 𝗖𝗮𝗹𝗶𝗳𝗼𝗿𝗻𝗶𝗮 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗲 𝗣𝗿𝗼𝘃𝗲 𝗔𝗴𝗲 𝗗𝗶𝘀𝗰𝗿𝗶𝗺𝗶𝗻𝗮𝘁𝗶𝗼𝗻 𝗔𝗳𝘁𝗲𝗿 𝗕𝗲𝗶𝗻𝗴 𝗙𝗶𝗿𝗲𝗱 𝗳𝗼𝗿 𝗮𝗻 𝗔𝗹𝗹𝗲𝗴𝗲𝗱 𝗣𝗲𝗿𝗳𝗼𝗿𝗺𝗮𝗻𝗰𝗲 𝗩𝗶𝗼𝗹𝗮𝘁𝗶𝗼𝗻?**

Yes.

A recent case involving a longtime employee highlights how an employer’s stated reason for termination can be challenged when other circumstances suggest age discrimination.

In *Slagel v. Liberty Mutual Insurance Company*, Joy Slagel worked for Liberty Mutual for more than 30 years. After years of positive performance reviews, she received a “needs improvement” rating and later was terminated for alleged dishonesty and falsification of records.

Slagel alleged that older employees were being targeted for termination and that she was retaliated against after raising concerns about age-based decision-making.

A Los Angeles jury found in her favor, awarding **$20 million in compensatory damages** and **$83 million in punitive damages**. The punitive damages award was later vacated by the judge, but the $20 million compensatory verdict remained intact.

The case demonstrates that an employer’s stated performance reason for termination may be challenged when the surrounding circumstances—including treatment of younger employees, timing, inconsistent policies, and patterns involving older workers—suggest the stated reason may be a **pretext for age discrimination**.

👉 **Read the full article:** https://www.bamlawca.com/california-labor-laws/can-a-long-term-california-employee-prove-age-discrimination-even-after-being-fired-for-an-alleged-performance-violation

10/08/2026

💰 **𝗖𝗮𝗹𝗶𝗳𝗼𝗿𝗻𝗶𝗮 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗿𝘀: 𝗗𝗼 𝗕𝗼𝗻𝘂𝘀𝗲𝘀 𝗖𝗼𝘂𝗻𝘁 𝗧𝗼𝘄𝗮𝗿𝗱 𝗢𝘃𝗲𝗿𝘁𝗶𝗺𝗲 𝗣𝗮𝘆?**

A recent California Court of Appeal ruling is putting a spotlight on how employee bonuses may affect overtime calculations.

In *Martinez v. Sierra Lifestar, Inc.*, an employee alleged that nondiscretionary bonuses were excluded when calculating overtime, double-time, and meal and rest period premiums.

Under California law, **nondiscretionary bonuses**—such as bonuses tied to performance, production, attendance, or other objective criteria—generally must be included in an employee’s “regular rate of pay” when calculating these premium wages.

The court’s ruling did **not** determine whether the employer ultimately violated California wage law. Instead, it reversed a decision denying class certification and sent the case back for further proceedings.

Could a bonus you receive affect your overtime calculation? **The details matter.**

👉 Read the full article to learn more about *Martinez v. Sierra Lifestar, Inc.* and California’s rules regarding bonuses and overtime: https://www.bamlawca.com/california-labor-laws/are-california-employers-required-to-include-employee-bonuses-when-calculating-overtime-pay

10/05/2026

🚨 **𝗖𝗮𝗻 𝗨𝗻𝗽𝗮𝗶𝗱 𝗦𝘁𝘂𝗱𝗲𝗻𝘁 𝗜𝗻𝘁𝗲𝗿𝗻𝘀 𝗕𝗲 𝗣𝗿𝗼𝘁𝗲𝗰𝘁𝗲𝗱 𝗙𝗿𝗼𝗺 𝗦𝗲𝘅𝘂𝗮𝗹 𝗛𝗮𝗿𝗮𝘀𝘀𝗺𝗲𝗻𝘁 𝗶𝗻 𝗖𝗮𝗹𝗶𝗳𝗼𝗿𝗻𝗶𝗮?**

Yes.

A recent California Court of Appeal ruling makes clear that a nursing student completing required clinical rotations may qualify as an **“unpaid intern” protected under California’s Fair Employment and Housing Act (FEHA)** — even when the work is part of an academic program.

In *Walton v. Victor Valley Community College District*, a nursing student alleged that her supervisor subjected her to sexual harassment during her clinical rotation and retaliated against her after she rejected his advances.

The trial court ruled that she did not have standing under FEHA because she was not a paid employee. The Court of Appeal reversed that decision, holding that California’s FEHA protections for unpaid interns can apply to postsecondary students completing required clinical rotations.

The ruling could have broader implications for students and trainees participating in **internships, externships, clinical rotations, apprenticeships and other training programs**.

👉 **Read the full article:** https://www.bamlawca.com/california-labor-laws/are-unpaid-student-interns-protected-from-sexual-harassment-under-californias-fair-employment-and-housing-act

10/01/2026

⚖️ 𝗪𝗲𝗿𝗲 𝗖𝗲𝗹𝗹 𝗧𝗼𝘄𝗲𝗿 𝗧𝗲𝘀𝘁𝗲𝗿𝘀 𝗠𝗶𝘀𝗰𝗹𝗮𝘀𝘀𝗶𝗳𝗶𝗲𝗱 𝗮𝘀 𝗖𝗼𝗻𝘁𝗿𝗮𝗰𝘁𝗼𝗿𝘀 𝘁𝗼 𝗔𝘃𝗼𝗶𝗱 𝗢𝘃𝗲𝗿𝘁𝗶𝗺𝗲?

Cell tower testers are alleging that AmeriCloud Solutions denied them overtime pay by misclassifying them as independent contractors.

According to the article, the workers claim they were improperly classified and therefore denied overtime compensation they say they were entitled to receive.

Employee classification can have significant consequences when it comes to wages and overtime. This case highlights why the distinction between an employee and an independent contractor matters.

📌 𝗥𝗲𝗮𝗱 𝘁𝗵𝗲 𝗳𝘂𝗹𝗹 𝗮𝗿𝘁𝗶𝗰𝗹𝗲: https://www.bamlawca.com/california-labor-laws/cell-tower-testers-say-americloud-solutions-denied-them-overtime-by-misclassifying-them-as-contractor-s3y2x

09/28/2026

⚖️ 𝗖𝗮𝗹𝗶𝗳𝗼𝗿𝗻𝗶𝗮 𝗖𝗼𝘂𝗿𝘁 𝗥𝗲𝗷𝗲𝗰𝘁𝘀 𝗕𝗹𝘂𝗲 𝗢𝗿𝗶𝗴𝗶𝗻’𝘀 𝗢𝗻𝗲-𝗦𝗶𝗱𝗲𝗱 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗔𝗴𝗿𝗲𝗲𝗺𝗲𝗻𝘁

A recent California Court of Appeal ruling highlights an important issue for employees who have signed workplace arbitration agreements.

In 𝘚𝘵𝘰𝘬𝘦𝘳 𝘷. 𝘉𝘭𝘶𝘦 𝘖𝘳𝘪𝘨𝘪𝘯, 𝘓𝘓𝘊, the court found that Blue Origin’s arbitration agreement was procedurally and substantively unconscionable under California law. The agreement was considered too one-sided, and the court determined that the problematic provisions could not simply be removed to save the rest of the agreement.

The ruling is significant because California employees may be able to challenge an arbitration agreement based on California’s own unconscionability rules—even without relying on federal protections for harassment claims.

📌 𝗞𝗲𝘆 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆: Signing an employment arbitration agreement does not necessarily mean every provision will be enforceable.

If you have questions about an arbitration agreement or a potential harassment, discrimination, or retaliation claim, having the agreement reviewed by an employment attorney may be an important first step.

09/24/2026

⚖️ 𝗦𝗮𝗻 𝗗𝗶𝗲𝗴𝗼 𝗝𝘂𝗿𝘆 𝗔𝘄𝗮𝗿𝗱𝘀 $𝟭𝟬𝟱 𝗠𝗶𝗹𝗹𝗶𝗼𝗻 𝘁𝗼 𝗖𝗼𝘂𝗻𝘀𝗲𝗹𝗼𝗿 𝗙𝗶𝗿𝗲𝗱 𝗔𝗳𝘁𝗲𝗿 𝗥𝗲𝗽𝗼𝗿𝘁𝗶𝗻𝗴 𝗦𝗲𝘅𝘂𝗮𝗹 𝗛𝗮𝗿𝗮𝘀𝘀𝗺𝗲𝗻𝘁

A San Diego jury awarded $105 million to a counselor who alleged she was fired after reporting sexual harassment and serious safety concerns at the treatment facility where she worked.

Michelle Giaquinta reported that a coworker sexually harassed her and may have placed a hidden camera in an employee bathroom. She also alleged that management failed to properly report the concerns to regulators.

The company claimed she was terminated because of documentation issues. However, trial evidence showed she had no prior documentation problems and had previously been praised for her documentation skills.

The jury ultimately awarded $35 million in compensatory damages and $70 million in punitive damages.

📌 Key takeaway: California employees may be protected from retaliation when they report harassment or safety violations. An employer's stated reason for termination may not protect it if that reason is found to be a pretext for unlawful retaliation.

🔗 Read the original post: https://www.bamlawca.com/california-labor-laws/san-diego-jury-awards-105-million-to-counselor-fired-after-reporting-sexual-harassment

09/21/2026

⚖️ 𝗙𝗼𝗿𝗺𝗲𝗿 𝘅𝗔𝗜 𝗘𝗻𝗴𝗶𝗻𝗲𝗲𝗿 𝗦𝘂𝗲𝘀 𝗔𝗳𝘁𝗲𝗿 𝗥𝗮𝗶𝘀𝗶𝗻𝗴 𝗔𝗜 𝗦𝗮𝗳𝗲𝘁𝘆 𝗖𝗼𝗻𝗰𝗲𝗿𝗻𝘀

A former engineer at xAI has filed a lawsuit alleging he was fired after raising concerns about the safety of Grok, the company’s AI chatbot.

The case raises important questions about employee retaliation and whistleblower protections, particularly when employees report concerns involving the development and deployment of AI technology.

📌 Key takeaway: As AI continues to play a larger role in the workplace, employees who raise concerns about potentially harmful or unlawful practices may have important legal protections against retaliation.

Read the full blog: https://www.bamlawca.com/california-labor-laws/former-xai-engineer-sues-after-being-fired-for-raising-grok-safety-concerns

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