McClung v. Employment Development Department

Fair Employment and Housing Act amendment imposing personal liability on nonsupervisory employees for harassment of coworkers, following Supreme Court ruling that there was no such liability under existing law, changed rather than clarified the law notwithstanding legislative declaration to the contrary.

The Supreme Court has some very harsh words for legislative overreaching in terms of retroactivity. Let's see if this affects the Salazar II / Carter dispute.

Supreme Court No. S121568.

Proposition 64 In Effect

Proposition 64, by law is now in effect, according to Cal. Const. Art. II Sec. 10(a). The UCL Practitioner, citing a defense lawyer's article, wonders whether it is retroactive. It is not. No section of Proposition 64 explicitly claims retroactivity and the California Supreme Court has just raised the bar on retroactivity.

See the following case summary if you doubt that.