In 1943, the United States Supreme Court considered the constitutionality of an ordinance that prohibited door knocking in Martin v. Struthers, 319 U.S. 141 (1943). The Supreme Court, in its landmark free speech decision,...more
On June 7, 2019, an en banc Ninth Circuit panel affirmed certification of a nationwide settlement class and held, 8-3, that class certification criteria are applied less strictly in a settlement context. Hyundai II preserves...more
On September 6, 2018, Kimberly-Clark and affiliates filed a petition for writ of certiorari in Kimberly-Clark, et al. v. Davidson, No. 18-304, following a decision in the Ninth Circuit denying Kimberly-Clark’s motion to...more
Does the Hobbs Act require district courts to accept the Federal Communications Commission’s legal interpretation of the Telephone Consumer Protection Act? That is the question the United States Supreme Court will consider...more
Another year has passed in the California Legislature, with new laws and amendments affecting California employers. Among the more significant changes, bills prompted by the #MeToo movement, including the new requirement...more
10/31/2018
/ Board of Directors ,
Criminal Background Checks ,
Disability Benefits ,
Employment Discrimination ,
Fair Pay Act ,
FEHA ,
International Arbitration ,
Joint Liability ,
Labor Code ,
Lactation Accommodation ,
OSHA ,
Paid Family Leave Law ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Settlement Agreements ,
Sexual Harassment ,
Subcontractors ,
Woman Board Members ,
Workplace Harassment Guidance
On September 20, 2018, the Ninth Circuit weighed in on the definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. See Marks v. Crunch San Diego, LLC,...more
On Aug. 2, 2018, two lawsuits were filed against Transnational Foods Inc. and J.M. Smucker Co. alleging that certain extra virgin olive oil, or EVOO, products were misleadingly labeled as EVOO when results from a “leading...more
On July 27, 2018, the Ninth Circuit issued an order granting en banc review of its decision in Hyundai and Kia Fuel Econ. Litig., No. 15-56067, 2018 U.S. App. LEXIS 1626 (Jan. 23, 2018). The Ninth Circuit also set oral...more
Last week, the Federal Communications Commission (“FCC”) issued a public notice (the “Notice”) seeking comment on key aspects of the Telephone Consumer Protection Act (“TCPA”) that were addressed in the recent decision in ACA...more
On May 9, 2018, the Ninth Circuit issued an Opinion amending its previous decision in Davidson v. Kimberly-Clark Corp., 873 F.3d 1103 (9th Cir. 2017). As we noted in our December 4, 2017 post on the 2017 decision, the Ninth...more
On April 17, 2018, the Northern District of New York dismissed a false advertising case against the Hain Celestial Group, Inc. based on the allegedly misleading packaging of Hain’s “Garden Veggie Straws.” Solak v. Hain...more
On Dec. 20, 2017, the Ninth Circuit refined injunctive standing requirements in the misbranding context in Victor v. R.C. Bigelow Inc. and Khasin v. R.C. Bigelow Inc. (collectively, “Bigelow”), finding that injunctive...more
On January 23, 2018, in a 2-1 decision, the Ninth Circuit sent class-action lawyers into a tizzy when it handed down its decision in In re Hyundai and Kia Fuel Econ. Litig., No. 15-56067, 2018 U.S. App. LEXIS 1626 (Jan. 23,...more
On December 20, 2017, the Ninth Circuit refined the injunctive standing requirements in the misbranding context in Victor v. Bigelow and Khasin v. Bigelow (collectively, “Bigelow”), finding that injunctive standing is...more
On October 20, 2017, a unanimous Ninth Circuit panel in Davidson v. Kimberly-Clark Corp., 873 F.3d 1103 (9th Cir. 2017), resolved a circuit-wide split on injunctive standing requirements in the misbranding context. The panel...more
On August 17, 2017, the Second Circuit Court of Appeals vacated a district court’s denial of Uber’s and Mr. Travis Kalanick’s motions to compel arbitration in a case involving price-fixing accusations. In Meyer v. Kalanick,...more
The Ninth Circuit recently affirmed a district court’s dismissal of plaintiff’s unfair competition law and consumer legal remedies claims, finding that neither claim provided plaintiff with a private cause of action to...more
On February 2, 2017, the Central District of California terminated a false advertising lawsuit against Schwabe North America, Inc. and Nature’s Way Products, LLC (Defendants), based on allegations that the companies...more
On November 18, 2016, the Ninth Circuit issued five rulings rejecting three Hawaii counties’ attempts to regulate pesticides and genetically modified crops, finding that the regulations were preempted by state and federal...more
The California Fair Employment And Housing Council Issues Proposed Regulations To Limit Consideration Of Criminal History In Employment Decisions -
Employers take great measures to avoid hiring dangerous employees—not...more
3/31/2016
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Criminal Background Checks ,
Disparate Impact ,
Employee Handbooks ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Employment Practices Act ,
FEHA ,
Hiring & Firing ,
Posting Requirements ,
Pregnancy Discrimination ,
Title VII