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Michael Newman

Michael Newman

Barger & Wolen


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Attorney Fees Not Available In Mixed Motive Retaliation Claims Under Title VII, Seventh Circuit Rules

Under Title VII, in “mixed motive” discrimination cases (i.e., discrimination motivated in part, but not entirely, by an impermissible factor), an employer may limit Plaintiff’s recovery where it can show that it would have...more

5/8/2013 - Attorney's Fees Discrimination Mixed Motive Cases Retaliation Title VII

Employment Contract’s Choice-Of-Law Provision Governs Question of Arbitrability, Court of Appeal Rules

In Harris v. Bingham McCutchen, the California Court of Appeal, Second Appellate District held that the drafter of an adhesion contract could not avoid the contract’s choice-of-law provision in determining the enforceability...more

4/8/2013 - Appeals Arbitration Choice-of-Law Contract of Adhesion Disability Discrimination Discrimination Employment Contract

Supreme Court Directs Trial Courts To Look At The Merits In Determining Whether To Certify A Class

Comcast v Behrend is the latest in a series of United States Supreme Court cases in recent years that have restricted the ability of plaintiffs to certify federal class actions. In so doing, it has expanded the scope of the...more

4/2/2013 - Class Action Class Certification Comcast Comcast v. Behrend Damages Dukes v Wal-Mart Expert Testimony Rule 23 SCOTUS

One-Sided Employment Arbitration Agreement Unconscionable, Court of Appeal Rules

In Compton v. Superior Court, the Court of Appeal, Second Appellate District, ruled that an arbitration agreement that the employer required an employee to sign as a condition of employment was unconscionable — and therefore...more

4/2/2013 - Arbitration Arbitration Agreements Contract Drafting Unconscionable Contracts

Denial Of Class Certification As To Alleged Wage And Hour Violations Affirmed by Court of Appeal

In Daily v. Sears, the Fourth Appellate District, Division One, affirmed the trial court's granting of the defendant's motion to preclude class certification....more

3/26/2013 - Class Action Class Certification Wage and Hour

Crowdsourced Workers: Are They Employees or Independent Contractors?

What happens when modern innovations in the workforce (made possible by the advent of the internet) collide with traditional concepts of employment? You get lawsuits like Christopher Otey v. Crowdflower, Inc., filed late...more

3/19/2013 - Class Action Crowdsourcing FLSA Independent Contractors Misclassification

DOL Issues ObamaCare Self-Compliance Checklists For Employers

The Department of Labor has issued a “self-compliance tool,” (complete with a handy checklist) to help employers operating group health plans comply with the Affordable Care Act....more

3/12/2013 - Affordable Care Act Compliance DOL Healthcare

Employers Must Give Breast-Feeding Mothers Time And Privacy Under The Affordable Care Act

Under the Affordable Care Act (ObamaCare), an employer is required to provide the following for breast-feeding mothers who are employees...more

3/5/2013 - Affordable Care Act Breastfeeding FLSA Healthcare

Who is an employee and who is an independent contractor under the employer mandate provisions of the Affordable Care Act...

As we have written in this space in the past, whether a worker is an employee or an independent contractor can have many consequences. The classification can determine whether the principal is liable for the negligent acts...more

2/27/2013 - Affordable Care Act Employee Definition Employer Mandates ERISA Full-Time Employees Independent Contractors IRS Misclassification SCOTUS Shared Responsibility Rule

Exhaustion Of Leave Under the Pregnancy Disability Leave Law Does Not Prevent An Employee From Making A Claim Under The FEHA,...

In Sanchez v. Swissport, the California Court of Appeal, Second Appellate District, determined that an employee who has exhausted all permissible leave available under the Pregnancy Disability Leave Law (PDLL), Gov. Code...more

2/26/2013 - Disability Disability Leave FEHA Hiring & Firing Pregnancy Pregnancy Disability Leave Law Reasonable Accommodation

Exotic Dancers Are Employees, Not Independent Contractors, Kansas Supreme Court Rules

In Milano’s v. Kansas Department of Labor, the Kansas Supreme Court determined that exotic dancers were employees, not independent contractors, for purposes of unemployment insurance....more

2/14/2013 - Employee Benefits Hiring & Firing Independent Contractors Misclassification Right to Control Tips Unemployment Insurance

Why Employers Need To Keep Adequate Records

Here is a pattern that tends to repeat itself often in employment litigation. A disgruntled employee sues an employer for discrimination, harassment, or wrongful termination. A lawsuit is filed. And then, the attorney who...more

2/13/2013 - Attorney's Fees Burden of Proof Discrimination Harassment Recordkeeping Requirements Termination Wage and Hour

California Supreme Court Splits The Baby In Mixed-Motive Employment Discrimination Case

In Wynona Harris v. City of Santa Monica, decided on February 7, 2013, the California Supreme Court addressed the following question...more

2/12/2013 - Discrimination FEHA Harris v City of Santa Monica Hiring & Firing Mixed Motive Cases Termination

You’re Out of Luck, Appellate Court Tells Casino Card Dealers

Avidor v. Sutter’s Place, Inc., decided January 23, 2013, California Court of Appeal, Sixth Appellate District, involved a class action brought on behalf of card dealers employed by Sutter’s Place, a casino....more

2/5/2013 - Card Dealers Casinos Class Action Gambling Tips Wage Deductions Wages

No Disability Discrimination Where Employee Cannot Competently Perform Job, Ninth Circuit Holds

In Lawler v. Montblac North American LLC, the plaintiff, Cynthia Lawler, a store manager at a boutique retail store, was diagnosed with psoriatic arthritis. Lawler initiated the action after Defendant employer terminated her...more

1/15/2013 - Disability Discrimination Discrimination FEHA Harassment Hiring & Firing Intentional Infliction of Emotional Distress Retaliation Termination

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