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Beware of the “General Release”: Court Rules General Releases Do Not Waive All Claims
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- Written by Bryan Ceglio
Earlier this month, the Fourth District Court of Appeal out of San Diego, California, released a decision which favors a longstanding plaintiffs’ argument regarding release waivers. California Civil Code Section 1542 prevents a party from inadvertently waiving unknown claims merely by signing a “general release.” However, employers will often include a provision in settlement agreements with which employees waive their “1542 rights” and by signing the settlement agreement, the plaintiff agrees that the settlement disposes of all known and unknown claims as way to keep former employees from bringing any lawsuits over any issue, with narrow exceptions, going forward.
National Origin Definition Clarified
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- Written by Hannah Fortin
The California Office of Administrative law recently approved amendments to the California Fair Employment and Housing Act that, in part, clarify several different aspects of “national origin” as the term is used regarding prohibited discrimination in employment. Once formally enacted on July 1, 2018, the definition of “national origin” will be expanded from the individual’s or ancestors’ actual or perceived “place of birth or geographic origin, national origin or ethnicity” to also include the following: