Hinshaw & Culbertson LLP

633 West 5th Street Forty-Seventh Floor
Los Angeles, CA 90071-2043, United States

Contact: Heather Morse, Director of Marketing

  • (213) 680-2800
  • (213) 614-7399

11th Circuit: The EEOC Can't Always Get What It Wants

The Eleventh Circuit Court of Appeals recently shouted down the EEOC's broad subpoena powers when it held that the Commission wasn't entitled to hiring and firing information relating to Royal Caribbean's workers and job…more
| Civil Procedure, Civil Rights, Labor & Employment Law, International Law & Trade

California Jury Awards Over $185M To Victim Of Pregnancy Discrimination and 'Glass Ceiling'

A manager at AutoZone who complained she was not promoted like her male counterparts, demoted for taking leave to have a child, and eventually fired for filing a discrimination action was awarded damages yesterday of over $185…more
| Civil Rights, Labor & Employment Law

First Circuit Analyzes Whether Employees' Fluctuating Pay Meets FLSA's Salary Test

A recent First Circuit decision demonstrates how, in determining whether employees meet the FLSA's salary requirement,courts can look at how the employees are actually paid rather than any theoretical payment plan in determining…more
| Labor & Employment Law

Employer Prevails on Misclassification Claim Where Employee Fails to Prove Hours Worked

Greg Holaway worked as a Field Service Engineer for Stratasys, Inc. He was categorized as exempt from the provisions of the Fair Labor Standards Act (FLSA) requiring the payment of overtime. Even though his title was…more
| Labor & Employment Law

Second Circuit: Oral Agreement to Pay Commissions Not Barred by Statute of Frauds

A recent opinion from the Second Circuit Court of Appeals reaffirms that the Statute of Frauds will not void an oral agreement to pay commissions if the agreement lacks a fixed duration. In Kroshnyi v. U.S. Pack Courier…more
| Commercial Law & Contracts, Labor & Employment Law, Franchise Law

Court Holds that Restaurant Owner May Be Personally Liable for FLSA Violations

A new federal case out of Illinois demonstrates the extreme importance of complying with wage and hour laws, especially where the law provides for individual liability against those who control the terms and conditions of…more
| Commercial Law & Contracts, Labor & Employment Law

Eighth Circuit Permits Employee to Maintain Age Bias Claim Based on Company's Age-Based Health Care Considerations

With the rising costs of health care benefits for both employers and employees alike, a recent case out of the Eighth Circuit provides an important reminder that even seemingly innocuous cost control measures can have a…more
| Civil Rights, Labor & Employment Law, Health

No Class Action Waivers in Arbitration Agreements, Says NLRB

The National Labor Relations Board (NLRB) has decided to follow its own oft-criticized 2012 decision in D.R. Horton, holding that arbitration agreements barring class action lawsuits about working conditions, which are signed by…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Delivery Change: UPS Announces Modification of Challenged Pregnancy Accommodation Policy Just Weeks Ahead of Supreme Court Arguments

In July of this year, we wrote about new EEOC guidance on the accommodation of pregnant employees under both the Americans with Disabilities Act (ADA) and Pregnancy Discrimination Act (PDA). One of the primary issues addressed…more
| Civil Procedure, Civil Rights, Labor & Employment Law

NLRB Finds That Employer Could Rescind Offers After Workers Discussed Detailed Insubordination Plans on Facebook

In a (rare) positive social media decision for employers, the NLRB ruled on October 28th in Richmond District Neighborhood Center, Case 20–CA–091748 (Oct. 28, 2014), that two employees who discussed their insubordination plans…more
| Labor & Employment Law

Eighth Circuit: Doctor Is Unable to Maintain Employment Claims Due to Determination of Independent Contractor Status

From 1991 until 2011, Larry Alexander worked as a pathologist for Avera St. Luke's Hospital in South Dakota. Under the terms of his contract, Alexander was an independent contractor free from control of Avera. Alexander paid his…more
| Civil Rights, Labor & Employment Law

Fifth Circuit Hands Down Mixed Ruling on Validity of Later-Added Arbitration Clause

Employers must always be careful when adding an arbitration clause to an existing employment agreement. The amendment process becomes even trickier when the employment relationship is governed by multiple documents.That was the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Concurrent Causation from "A Medley of Interesting Disability Cases"

Facts and holding: Rita Kruk (“Kruk”), a Human Resources Specialist, was a participant in an ERISA plan provided through her employment that provided disability benefits. Kruk’s Plan stated that if a disability was due to a…more
| Civil Procedure, Labor & Employment Law, Insurance

California Insurance-Related Bills Signed into Law

September 30, 2014, was the deadline for Governor Jerry Brown to take action on bills passed by the California Legislature during the 2014 regular legislative session. Here are summaries of noteworthy insurance-related bills…more
| Labor & Employment Law, Insurance, Real Estate - Residential, Transportation, Real Estate - Commercial

New California Law Imposes Liability On Companies Where Labor Contractors Fail To Pay Wages Or Provide Workers’ Compensation Insurance

On Sunday, September 28, 2014, California Governor Jerry Brown signed into law AB 1897 (D-Hernandez), which imposes liability on companies who use subcontracted temporary labor if the temp company fails to pay wages or provide…more
| Labor & Employment Law, Worker’s Compensation
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Areas of Practice
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Number of Attorneys

400+ Attorneys

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