Laura Reathaford

Laura Reathaford

Proskauer Rose LLP

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California Court Allows Dodd-Frank Whistleblower Claims to Proceed Despite Absence of Complaint to SEC

In a case of first impression within the Ninth Circuit, the U.S. District Court for the Northern District of California ruled that the whistleblower protection provision in Dodd-Frank protects whistleblowers who report...more

11/5/2014 - Corporate Counsel Dodd-Frank SEC Whistleblower Protection Policies Whistleblowers

PAGA Claims and Arbitration – A Federal Court Parts Ways With Iskanian

The California Supreme Court’s decision in Iskanian v. CLS Transp. Los Angeles, LLC, held that class action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA) except as to claims that...more

10/16/2014 - Arbitration Arbitration Agreements Civil Monetary Penalty Federal Arbitration Act Iskanian PAGA Trucking Industry

Lawful Shmawful: Ninth Circuit Ignores Lawful Written Policy and Uses Statistical Sampling to Certify Class Based on Alleged...

On September 3, 2014, the U.S. Court of Appeals for the Ninth Circuit upheld certification of a class of approximately 800 nonexempt insurance claims adjusters who claimed they worked overtime without compensation despite the...more

9/23/2014 - Claims Adjusters Class Action Class Certification Non-Exempt Employees Statistical Sampling Unpaid Overtime

California Courts May No Longer Be Able to Certify a Ham Sandwich

Commentators have quipped that class certification is so easy in California that with little effort a group of plaintiffs could certify even a ham sandwich. In fact, we have seen a proliferation of recent appellate decisions...more

6/6/2014 - Class Action Class Certification Dukes v Wal-Mart Employment Policies Evidence SCOTUS Statistical Sampling US Bank

Rebuking “Trial by Formula,” Federal Court Decertifies Rule 23(b)(3) Class Action

In Stiller v. Costco Wholesale Corp., No. 3:09-cv-2473-GPC-BGS, Plaintiffs Eric Stiller and Joseph Moro alleged that Costco’s loss-prevention closing procedures effectively “forced” employees to work off-the clock without...more

5/9/2014 - Class Action Class Certification Costco Employer Liability Issues Loss Prevention Over-Time Rule 23(b)(3) Unpaid Overtime Wage and Hour Wal-Mart

Ninth Circuit Clarifies CAFA Removal Requirements

In its recent per curiam opinion in Rea v. Michaels Stores, Inc., the U.S. Court of Appeals for the Ninth Circuit clarified rules and procedures relevant to defendants seeking to remove cases to federal court. In Rea,...more

3/3/2014 - CAFA Class Action Exempt-Employees Michaels Misclassification Removal

Court of Appeal Holds that State Courts Have Concurrent Jurisdiction over FCA Retaliation Claims

On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll...more

2/7/2014 - False Claims Act Jurisdiction Retaliation

Cal. Appellate Court: Cal. State Courts Have Concurrent Jurisdiction Over FCA Retaliation Claims

On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll...more

2/7/2014 - False Claims Act Jurisdiction Retaliation

California Appellate Court Affirms Denial Of Class Certification

As we recently reported here, there have been a number of appellate decisions ordering class certification based on the existence of an employer’s companywide policy – all while overlooking numerous individualized questions...more

1/17/2014 - Class Action Class Certification Compliance Employee Rights Employer Liability Issues Non-Exempt Employees Rest and Meal Break Restaurant Industry

California Employers Down, But Not Out, Concerning Class Certification Issues

Shortly after the California Supreme Court issued its 2012 decision in Brinker Restaurant Corp. v. Superior Court, employers saw an immediate uptick in appellate court decisions supporting the denial of class certification to...more

1/6/2014 - Brinker Class Action Class Certification Compliance Employer Liability Issues Wage and Hour

New California Law Expands Protections for Whistleblowers

On October 12, 2013, California Governor Jerry Brown signed into law SB 496, which, along with two other new laws (SB 666 and AB 263), expands protections for whistleblowers in California by significantly altering California...more

12/13/2013 - Jerry Brown New Legislation Penalties Retaliation Whistleblowers

San Francisco Provides Employees With Flexible Work Arrangements

The Family Friendly Workplace Ordinance will take effect on January 1, 2014, requiring employers with 20 or more employees in San Francisco to consider flexible scheduling for workers with caregiving responsibilities....more

11/15/2013 - Caregivers Employee Rights Flexible Work Arrangements

Court Holds Arbitration Agreement Requiring Employee to Pay Half of Arbitration Costs is Unconscionable

In Chavarria v. Ralphs Grocery Co., No. 11-56673, 2013 WL 5779332 (9th Cir. Oct. 28, 2013), the plaintiff, a former deli clerk, brought a class action against Ralphs for various alleged wage and hour violations of the...more

11/7/2013 - Arbitration Arbitration Agreements Employment Contract Unconscionable Contracts

CA Supreme Court Holds That Employees Are Bound By Arbitration Agreements Waiving Right To A Labor Comm’r Hearing

Frank Moreno agreed, as a condition of his employment with Sonic-Calabasas A, Inc., to arbitrate all of this employment disputes with his employer. After terminating his employment with Sonic, Moreno filed an administrative...more

10/21/2013 - Arbitration Arbitration Agreements Termination Vacation Pay Wages Waivers

Employer Held Not Vicariously Liable For Employee’s Alleged Negligent Use Of Company Car

Halliburton Energy Services, Inc. provided Troy Martinez with a company vehicle to use in the execution of his duties. After completing a day’s work, Martinez drove to Bakersfield with his family to purchase a car for his...more

10/14/2013 - Company Cars Going and Coming Rule Halliburton Negligence Scope of Work Vicarious Liability

OSHA Awards $1.9 Million To SOX Whistleblower

On September 30, 2013, OSHA awarded more than $1.9 million to a former CFO of Clean Diesel Technologies, Inc. (the Company) (based in Ventura, California) who is not identified in OSHA’s press release. This award is based on...more

10/9/2013 - OSHA Sarbanes-Oxley Whistleblower Awards Whistleblowers

Brinker Round 2: Plaintiffs Secure Class Certification in Trial Court

After the renowned remand from the California Supreme Court, the Hohnbaum plaintiffs in Brinker Rest. Corp. v. Superior Court, 53 Cal. 4th 1004 (2012) sought to certify meal period claims alleging that all California...more

10/1/2013 - Brinker Class Action Class Certification Rest and Meal Break

Ninth Circuit Invalidates Attempt To Plead Around CAFA’s Jurisdictional Amount In Controversy

In 2005, Congress passed the Class Action Fairness Act (CAFA), which creates federal jurisdiction over class actions involving more than 100 class members and $5 million in controversy....more

9/3/2013 - Amount in Controversy CAFA Class Action Federal Jurisdiction

Right To Compel Arbitration Agreement Not Waived If Plaintiff Suffered No Prejudice From Delay

In a post last week, we noted a recent trend of federal courts strongly enforcing employment arbitration agreements under the Federal Arbitration Act (“FAA”)....more

8/27/2013 - Arbitration Arbitration Agreements Delays Federal Arbitration Act Motion to Compel Prejudice

Second Circuit Reaffirms Enforceability of Arbitration Agreements Containing Collective Action Waivers In Two FLSA Cases

Two recent decisions from the U.S. Court of Appeals for the Second Circuit have reaffirmed the enforceability of employment-related arbitration agreements containing class action waivers....more

8/14/2013 - ADEA Arbitration Class Action Class Action Arbitration Waivers Federal Arbitration Act FLSA

California Court Rejects Class Action Waivers In Employment Arbitration Agreements

The California Court of Appeal has rejected a class action waiver in an employment agreement on the basis that the waiver (or agreement) was unconscionable. ...more

4/2/2013 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers Wage and Hour

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