Aubry Holland

Aubry Holland

Orrick, Herrington & Sutcliffe LLP

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Down The Arbitration Rabbit Hole: Ninth Circuit Refuses To Enforce Employee’s Waiver Of PAGA Claims

On September 28, 2015, the Ninth Circuit held in Shukri Sakkab v. Luxottica Retail North America, Inc. that the FAA does not preempt the rule that the California Supreme Court enunciated in Iskanian v. CLS Transportation that...more

10/8/2015 - Arbitration Agreements AT&T Mobility v Concepcion CA Supreme Court Discover Bank Rule Due Process Federal Arbitration Act Iskanian Iskanian v CLS Transportation PAGA Preemption Putative Class Actions Wage and Hour

California Supreme Court May Limit The Scope Of PAGA Plaintiffs’ Access to Statewide Discovery

The California Supreme Court is poised to clarify what limits may apply to burdensome discovery demands in litigation under California’s Labor Code Private Attorneys General Act of 2004 (“PAGA”), which allows employees to...more

9/10/2015 - Appeals CA Supreme Court Class Action Class Certification Discovery Labor Code PAGA Rest and Meal Break Wage and Hour

Not All Class Actions Are Created Equal Under CAFA, Says the Ninth Circuit

The Ninth Circuit recently delivered a setback to defendants seeking to remove cases to federal court under the Class Action Fairness Act (“CAFA”) when it interpreted the statute narrowly to exclude consideration of non-class...more

8/6/2015 - CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Jurisdiction Labor Law Violations PAGA Popular Rest and Meal Break Wage and Hour

The Gay Marriage Decision: Support for Title VII Employment Discrimination Claims?

Following the excitement of the same-sex marriage decision by the U.S. Supreme Court on June 26th, the question remains how much the Opinion may impact Title VII employment discrimination claims. Based on our reading of the...more

7/8/2015 - Anti-Discrimination Policies Corporate Counsel Discrimination Equal Protection Marriage Marriage Equality Obergefell v. Hodges Popular Same-Sex Marriage SCOTUS Sex Discrimination Title VII

It Pays to Play: Judge Finds Costs Still Recoverable By Prevailing Employers in FEHA Cases Post-Williams

On May 4, 2015, the California Supreme Court issued its decision in Williams v. Chino Valley Independent Fire District, holding that unsuccessful FEHA plaintiffs should not be ordered to pay the defendant’s ordinary...more

6/26/2015 - Attorney's Fees CA Supreme Court Cal Code of Civil Procedure FEHA Settlement Offer

Emergence of Transgender Status Issues in Workplace Raises Compliance Questions for Employers

Transgender issues have been grabbing headlines in recent months—perhaps most notably with Bruce Jenner’s televised announcement about his gender transition. Beyond the bright lights of pop culture, a wave of litigation and...more

5/22/2015 - Best Management Practices Corporate Counsel Employer Liability Issues Gender Discrimination Risk Assessment Risk Mitigation Transgender

Show Me The Money: Yes, Even Corporate Officers Can Collect Dodd-Frank Bounty Awards

On March 2, 2015, the SEC announced a whistleblower bounty award of between $475,000 and $575,000, its 15th under the Dodd-Frank whistleblower program. While the SEC’s order is scant on detail, it does disclose that the award...more

3/12/2015 - Corporate Officers Dodd-Frank Popular SEC Whistleblower Awards Whistleblowers

Employers Should Act Now to Avoid Potential Data Minefields: The OFCCP’s New Proposed Rules for Collecting Compensation Data from...

On August 8, 2014, the Office of Federal Contract Compliance (“OFCCP”) proposed new annual reporting requirements for federal contractors and subcontractors. The proposal requires additional pay information and will become...more

8/21/2014 - Barack Obama DOL EEO-1 Employer Liability Issues Executive Orders Federal Contractors OFCCP Proposed Regulation Reporting Requirements Subcontractors Wage and Hour Wages

San Francisco Employers Beware: New Extensive Restrictions on Use of Criminal Background Information

The use of criminal background checks when hiring employees has become even more limited in San Francisco. On August 13, 2014, the recently passed Fair Chance Ordinance (Ordinance) becomes operative requiring employers doing...more

3/12/2014 - Background Checks Ban the Box Criminal Background Checks Job Applicants

NLRB Continues to Hold Firm on D.R. Horton Reasoning Despite Contrary Decisions in the Courts

Despite increasing rejection of the NLRB’s controversial D.R. Horton decision by almost all federal courts which have considered it, an NLRB administrative law judge recently felt there was no choice but to follow Board...more

9/11/2013 - Arbitration Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Ernst & Young GameStop NLRA NLRB

Supreme Court Votes Pro-Arbitration Once Again and Upholds Class Arbitration Waiver

Lest there be any lingering confusion, the U.S. Supreme Court has once again reminded us that arbitration agreements are to be “rigorously enforced.”...more

6/26/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act Pay-For-Delay SCOTUS

Required Extension of Statutory Pregnancy Leave as a Reasonable Accommodation

In a case of first impression, the Second Appellate District in California, recently took an expansive view of pregnancy leave rights for employees. Under California’s Pregnancy Disability Leave Law (“PDLL”), employees...more

2/27/2013 - ADA California Family Rights Act (CFRA) Disability FEHA Pregnancy Pregnancy Disability Leave Law Reasonable Accommodation

Supreme Court To Clarify Key Issues Regarding The Permissibility Of Class Arbitration

In the last several years, the enforcement of agreements to arbitrate disputes, whether between businesses or between businesses and their employees, has become a hotly contested issue in the courts. The U.S. Supreme Court...more

12/11/2012 - American Express Class Action Arbitration Waivers Class Arbitration Oxford Health

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