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Labor & Employment Consumer Protection Civil Remedies

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Chipping Away at Arbitration: California Supreme Court Further Limits Arbitration Waivers

by Hirschfeld Kraemer LLP on

On April 6, 2017, the California Supreme Court held that an arbitration agreement waiving the right to public injunctive relief is contrary to California public policy and is unenforceable under California law. In McGill...more

New York Federal Court Ruling May Breathe New Life into Employment Class Action Pick-off Strategy; Addresses Supreme Court’s Gomez...

Is the pick-off strategy to moot class actions still alive in the Southern District of New York? Possibly. Last month we reported on Brady v. Basic Research, L.L.C. – the first decision to interpret the Supreme Court’s...more

CFPB’s Message to Employment Background Screening Providers: A Rose by Any Other Middle Name is Probably the Wrong Person

by MoFo Reenforcement on

On October 29, the CFPB took action against two of the country’s largest employment background screening report providers for violations of the FCRA. This is one of the CFPB’s most significant FCRA actions to date, following...more

Comcast, Superiority, Predominance and Injunctive Relief Addressed in Recent Second Circuit Class Certification Opinions

by Robinson & Cole LLP on

The Second Circuit recently addressed a panoply of class certification issues in two opinions. Both decisions ruled in favor of the plaintiffs, but will help defendants tailor their arguments in future cases....more

Publix to Pay $6.8 Million for Alleged FCRA Violations

by Poyner Spruill LLP on

Publix Super Markets Inc. has agreed to pay $6.8 million to settle a class-action lawsuit over the supermarket chain’s background check procedures. Under the Fair Credit Reporting Act (FCRA), employers must provide prior...more

Beyond Credit Reporting: The Extension of Potential Class Action Liability to Employers under the Fair Credit Reporting Act

by K&L Gates LLP on

Do not be fooled by its title: the Fair Credit Reporting Act (“FCRA”) reaches far beyond the realm of credit reporting and governs a broad spectrum of industries. Indeed, the provisions of FCRA apply to any business entity...more

How long do I have to bring my legal claim to court?

by George Bourguignon on

If you believe that you might have a legal claim and want to know how long you have to bring it to court, you will want to read this post! Contact: George E. Bourguignon, Jr., Esq. Phone: (508) 769-1359 or...more

I signed a general release effective in Massachusetts, can I now bring a claim against the party I gave the release to?

by George Bourguignon on

If you have signed a general release and are assessing the effect and/or ramifications or are considering signing any release presented to you to settle a claim, you will want to read this post! Contact: George E....more

Presentation - Social Networking: An Ethical Issues Update.

by Gregory Thiess on

The ethical issues surrounding the use of social media in the legal environment is constantly evolving, making it very important for attorneys to keep abreast of recent decisions, regulatory initiatives and legislative...more

Comcast Corp. v. Behrend: Courts Must Assess Merits of Plaintiffs’ Damages Evidence at Class Certification

by Morrison & Foerster LLP on

Yesterday, in Comcast Corp. v. Behrend, 569 U.S. __ (2013), the Supreme Court answered a looming class certification question left open by Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011): whether a putative class action...more

THE SARBANES-OXLEY ACT OF 2002 Section 806 -- Protection for Employees of Publicly Traded Companies Who Provide Evidence of Fraud

by Barry Fagan on

"Whistleblower Protection for Employees of Publicly Traded Companies.--No company with a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l), or that is required to file...more

Fair Credit Reporting Act Is Applied to Data Broker Selling Personal Information Gleaned from Social Media for Employment...

In what the Federal Trade Commission (“FTC”) touts as “the first Commission case to address the sale of Internet and social media data in the employment screening context,” Spokeo, an on-line data broker, has agreed to settle...more

How should I prepare before filing a lawsuit?

by George Bourguignon on

If you are considering filing a lawsuit or whether to accept a settlement offer to resolve a lawsuit or potential claim, you want to read this post. Understand some possible ramifications of litigation before taking your...more

How Losing Your Job Impacts Your Chapter 7 Bankruptcy

by John Skiba on

Yesterday Fox News reported that there was an increase in unemployment in a majority of the states. In this article I want to discuss how losing your job impacts your ability to file a Chapter 7 bankruptcy. First, one of the...more

U.S. Supreme Court Tips the Scales Back Toward Arbitration

In a ruling that has garnered significant interest among employers, the U.S. Supreme Court held on Wednesday that the Federal Arbitration Act (FAA) preempts the California Supreme Court’s efforts to impose heightened...more

Wrongful Termination/Car Salesman - Loss of Purchased Vehicle - Deceptive Trade Practices Act Demand Letter

The Texas Deceptive Trade Practices Act requires that before filing suit a plaintiff send to a prospective defendant a demand letter. Each letter is different, just as each case is different. I try to not just threaten the...more

New Amendments to California Investigative Consumer Reporting Law Require Notice of Personal Data that Is Stored “Offshore”

by Morrison & Foerster LLP on

During the final days of the 2009 – 2010 legislative session, California Governor Arnold Schwarzenegger signed Senate Bill 9091 (“SB 909”) into law.2 SB 909 will require additional disclosures by investigative consumer...more

Legal information - News letter

by S Hemanth on

Hemanth & Associates News letter with full of legal information, updates, tips and more. ...more

Age Discrimination Complaints in California - Which Government Agency Should An Age Discrimination Attorney Choose?

by Sebastian Gibson on

For California age discrimination lawyers and those discriminated against because of their age, there is a wide choice of government agencies at which to file an age discrimination complaint. With the list of acronyms for...more

On Dealing with Lien Claimants

by Bill Daniels on

You Need to Know How to Deal Appropriately with Lienholders Sure as God made little green apples, if you are recovering money for your clients you will be faced with liens. So, in a way, needing to know about lien...more

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