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Ending in a Draw: In Iskanian v. CLS Transportation, the California Supreme Court Upholds Class Action Waivers in Arbitration...

Ever since the U.S. Supreme Court issued its decision in AT&T Mobility LLC v. Concepcion, California employers hoped this day would come. In a predictable result, the California Supreme Court today acknowledged that class...more

6/24/2014 - Arbitration Class Action Arbitration Waivers Employment Contract Federal Arbitration Act Iskanian PAGA

Try, Try Again: The California Supreme Court Sends “Fundamentally Flawed” Duran Case Back To The Trial Court

Employment class action defendants in California who were hoping for an unequivocal statement that statistical sampling has no place in class actions are likely to be disappointed by today’s ruling in Duran v. U.S. Bank, N.A....more

5/30/2014 - Banks Class Action Class Certification Contractors Evidence Misclassification Wage and Hour Wages

Mind the Gap: Obama Takes New Executive Action on Pay Equity in the Workplace

Last week President Obama continued his administration’s push to tackle pay equity issues by taking executive action to put federal contractors’ compensation practices under greater scrutiny. On April 8, 2014, the President...more

4/15/2014 - Barack Obama Compliance DOL Equal Pay Executive Orders Federal Contractors

Time’s Up: Supreme Court Upholds Enforcement of Claim Limitations in ERISA Plan Language

Christmas may have come a little early for plan administrators and companies looking for clarity in ERISA litigation. Last Monday, the U.S. Supreme Court ruled 9-0 in Heimeshoff v. Hartford Life & Accident Insurance Co. that...more

12/30/2013 - Claims Limitations Period Equitable Tolling ERISA Heimeshoff v. Hartford Life & Accident Insurance Co. Plan Administrators SCOTUS Statute of Limitations

Oh, F*©k No: Administrative Law Judge Rules that Employees’ Expletive-Laced Facebook Posts are not Protected Under the National...

With the increasing prominence of social media, employers have been rightfully concerned about the impact of employees’ out-of-work statements on the work place—particularly when it comes to the reputation of the employer. In...more

11/20/2013 - NLRA NLRB Protected Concerted Activity Social Media Social Media Policy

A Midsummer Night’s Dream? Not So Much, For California Employers: Two New Employee-Friendly Bills Are Signed by Governor Brown

Even in the summer months, the California legislature is busy changing the laws that affect the state’s employers. This summer, California’s governor signed into law two bills that should be of interest to all employers—one...more

9/11/2013 - Attorney's Fees Employee Rights Employer Liability Issues FEHA Jerry Brown Legal Costs Wage and Hour

CAFA? Don’t mind if I do: Ninth Circuit Overturns Lowdermilk’s Legal Certainty Standard to Remove Class Actions Under CAFA

In a boon to defendants seeking to remove cases to federal court under the Class Action Fairness Act (“CAFA”), the Ninth Circuit has overturned a rule requiring defendants to show to a “legal certainty” that the...more

9/4/2013 - Amount in Controversy CAFA Class Action Damages SCOTUS Standard Fire Ins. Co. v. Knowles

Oxford Health Plans LLC v. Sutter: You Get What You Bargain For, Including the “Good, Bad, or Ugly”

Ever have that feeling that your arbitrator just doesn’t understand you? You may be right, but there’s not much you can do about it. A recent unanimous ruling by the United States Supreme Court should encourage employers to...more

6/17/2013 - Arbitration Arbitration Agreements Class Action Contract Interpretation Oxford Health v Sutter SCOTUS

Prisoner 24601 May Report For Duty, Says the EEOC

Can the EEOC require employers to hire convicted criminals? Last April, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a policy guideline that calls into question the extent to which employers can...more

4/18/2013 - Criminal Background Checks Criminal Records EEOC Employer Liability Issues Hiring & Firing Title VII

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 CFRA Disability FEHA Pregnancy Pregnancy Disability Leave Law Reasonable Accommodation

California Court of Appeal Overturns $1.3 Million in Damages and Attorneys’ Fees against Lucasfilm for Failure to Give Instruction...

On December 10, 2012, in Veronese v. Lucasfilm Ltd., a California Court of Appeal overturned a Marin County jury’s verdict against Lucasfilm based on its finding that several errors in jury instructions prejudicially affected...more

12/19/2012 - Appeals Business Judgment Rule Discrimination Failure To Hire FEHA Jury Instructions Lucasfilm Pregnancy Discrimination Reversible Error Termination

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