Were you able to keep track of the new legislative changes that affect California employers and employment lawyers? Don’t worry, we did and here are some of the key statutory changes you need to know about. New restrictions on attorney fees in FEHA actions. A new law provides that, notwithstanding CCP §998, a prevailing defendant in a FEHA action cannot be awarded fees and costs unless the court finds that the action was “frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.” See Govt C §12965(b) (amended by Stats 2018, ch 955, effective January 1, 2019). For more on attorney fees in FEHA actions, see CEB’s Employment Damages and Remedies, chap 8. Attorneys must have clients sign a new disclosure before mediations. Evidence Code §1119 provides that anything said, any admission made, or any writing prepared for mediation is inadmissible and protected from…
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