Joel Grossman

Joel Grossman

JAMS, The Resolution Experts

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An Employee is an Employee is an Employee: Alexander v. FedEx Ground

In the 1920s, author Gertrude Stein famously said, “A rose is a rose is a rose.” In light of Alexander v. FedEx Ground, that phrase could just as well be: an employee is an employee is an employee. Alexander is one of many...more

10/30/2014 - Contractors Employee Rights Employer Liability Issues FedEx Full-Time Employees Independent Contractors Misclassification

Big Mac Attack: Is the Franchisor a Joint Employer?

On July 29, 2014, the National Labor Relations Board (“NLRB”) issued a brief statement that could turn labor law in the world of franchising upside down. The NLRB’s General Counsel stated that it plans to go forward with a...more

8/13/2014 - Employee Rights Franchises Franchisors Joint Employers McDonalds NLRA NLRB Unfair Labor Practices

Unconscionable Arbitration Clauses: Be Careful What You Include

Many employers lawfully require all employees, as a condition of employment, to arbitrate any disputes arising out of the employment relationship. Typically, such arbitration agreements include claims for wrongful...more

5/20/2014 - Arbitration Class Action Arbitration Waivers Discrimination Employer Liability Issues Employment Policies Hiring & Firing Termination Wage and Hour

Unpaid Interns: Pay Them Now or Pay Them Later

In an old commercial, a mechanic hands a large bill to a customer for repairs to an engine damaged because the customer had not replaced a $4 oil filter. As the commercial ends, the mechanic looks directly at the camera and...more

3/14/2014 - Employer Liability Issues Internships Unpaid Interns

Are seating cases the next wave in California wage and hour class actions? Several prominent retailers have faced litigation from...

All of us have been to supermarkets, drugstores and department stores where the cashiers stand at their checkout stations. But could this be a violation of law? Should the employer be obligated to provide seating for its...more

7/26/2013 - Class Action Kmart Retailers Suitable Seats Lawsuits Wage and Hour

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