Quantum meruit (California and Colorado)

Implied promise to pay for services rendered California Quantum meruit refers to the well-established principle that “the law implies a promise to pay for services performed under circumstances disclosing that they were not gratuitously rendered.” (Long v. Rumsey (1938) 12 Cal.2d 334, 342, 84 P.2d 146.) To recover in quantum meruit, a party need not […]

United Pentecostal Church v. California

SOUTH BAY UNITED PENTECOSTAL CHURCH, ET AL.,v.GAVIN NEWSOM, GOVERNOR OF CALIFORNIA, ET AL. No. 19A1044. Supreme Court of the United States. May 29, 2020. ON APPLICATION FOR INJUNCTIVE RELIEF. The application for injunctive relief presented to JUSTICE KAGAN and by her referred to the Court is denied. JUSTICE THOMAS, JUSTICE ALITO, JUSTICE GORSUCH, and JUSTICE […]

Implied contracts (California)

Contracts can be created by the conduct of the parties, without spoken or written words. Contracts created by conduct are just as valid as contracts formed with words. Conduct will create a contract if the conduct of both parties is intentional and each knows, or has reason to know, that the other party will interpret […]

California vacation pay

California Labor Code §227.3:    Unless otherwise provided by a collective-bargaining agreement, whenever a contract of employment or employer policy provides for paid vacations, and an employee is terminated without having taken off his vested vacation time, all vested vacation shall be paid to him as wages at his final rate in accordance with such […]

Retaliation for opposing discrimination

Title VII and the FEHA prohibit employers from retaliating against employees for engaging in certain protected activities. See 42 U.S.C. §§ 2000e-2(a), 2000e-3. Title VII claims are governed by the burden-shifting framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973). Under this framework, the plaintiff bears the initial burden of demonstrating […]

California age discrimination law

Age discrimination in employment is prohibited and gives rise to a private cause of action under federal and California law. Under the federal Age Discrimination in Employment Act (“ADEA)”) it is unlawful for any employer to take an adverse action against an employee “because of such individual’s age.” 29 U.S.C. § 623(a). Under the California […]

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