Employers that face lawsuits from employees often seek to move such claims from the courthouse to arbitration. But what happens if the trial court refuses to compel arbitration and the employer appeals the decision? Should...more
The hyper-technical nature of California’s wage statement laws, embodied in Labor Code section 226, have made violations of this law a favorite of the plaintiffs’ bar for class and representative actions under the Private...more
The long-fought bag-check battle against Apple is coming to an end, and the employee class just won a major victory in California when a federal court of appeals ruled that the company must pay its workers for the time spent...more
In Leaders Eat Last, Simon Sinek says “The ability of a group of people to do remarkable things hinges on how well those people pull together as a team.” And anyone who has managed employees can appreciate that varying...more
In a 6-to-3 vote yesterday, the U.S. Supreme Court ruled that workplace discrimination because of an individual’s sexual orientation or gender identity — including being transgender — is unlawful discrimination “because of...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
In a unanimous decision, the California Supreme Court just held that the time spent by employees waiting for and undergoing security checks of bags and other personal items is compensable time under California law, even when...more
2/15/2020
/ Apple ,
Bright-Line Rule ,
CA Supreme Court ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Integrity Staffing v Busk ,
Security Checks ,
Wage and Hour ,
Wage Orders
In a unanimous decision late last week, the 9th Circuit Court of Appeals resuscitated class claims against retail giants Nike and Converse that allege employees are owed compensation for time spent undergoing security checks...more
Any avid watcher of medical dramas would tell you that a hospital always has the ability to cut ties with any doctor who is not up to snuff. (For podcast fans we highly recommend Dr. Death.) They would tell you this is...more
2/11/2019
/ Appeals ,
Best Practices ,
Business & Professions Code ,
Damages ,
Due Process ,
Employee Rights ,
Employer Liability Issues ,
Health Care Providers ,
Hiring & Firing ,
Hospitals ,
Lost Earnings ,
Medical Errors ,
Medical Malpractice ,
Notice Requirements ,
Patient Safety ,
Peer Review ,
Physicians ,
Professional Disciplinary Actions ,
Quality of Care Standards ,
Work Suspensions
This past summer, in a high-profile case brought against Starbucks, the California Supreme Court resolved an open question concerning compensable time. Or, at least it did to some extent.
The court held that California...more
10/2/2018
/ CA Supreme Court ,
De Minimis Claims ,
De Minimus Doctrine ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Off-The-Clock ,
Putative Class Actions ,
Retailers ,
Starbucks ,
Timekeeping ,
Wage and Hour
Though the internet has been in our lives for decades and online retailers are hardly a new concept, many brick-and-mortar retailers continue to evaluate the risks and benefits of moving away from the shop on the corner and...more
In an unanimous decision, the California Supreme Court held today that California’s law requiring one day of rest in seven looks only at the employer’s defined workweek when determining the applicable period of time to be...more
There has been significant buzz lately regarding the risk of discrimination in the sharing economy. Not only has the Equal Employment Opportunity Commission (EEOC) published its intent to prioritize protections in the...more
Expansion is the lifeblood of a growing business. But with expansion comes a diverse landscape of state laws governing all aspects of the employment relationship. It is vital when entering new jurisdictions to understand the...more