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CDF Labor Law LLP

Valentine’s Day “Gift” For Employers With California Employees That Work Under Noncompete Agreements

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In September, California created a cause of action whereby employees may challenge non-compete agreements and win damages and attorney’s fees (see our prior post on “New Golden State Law to Create Gold Rush Litigation Testing...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Drug Tests and Attorney's Fees

This week, the Ninth Circuit addresses the employment status of job applicants made to take drug tests and the availability of an award of attorney’s fees under Federal Rule of Civil Procedure 41(d). ...more

Fisher Phillips

Massachusetts High Court: Employers Are on the Hook for Triple Final Pay Even When Payment is Made Before Claim is Filed

Fisher Phillips on

In yet another gift to plaintiffs’ attorneys, the Massachusetts Supreme Judicial Court just held yesterday that employees are entitled to automatic triple damages for late final wage payments even where the employer pays the...more

Littler

Oregon Supreme Court Limits Employers’ Tools for Avoiding Excessive Attorney Fees for Minor Pay Violations

Littler on

On December 31, 2020, the Oregon Supreme Court reversed the Oregon Court of Appeals’ decision in Mathis v. St. Helens Auto Center, Inc. and concluded that the “reasonable” attorney fee award permitted under ORS 652.200 cannot...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor & Employment Series – Day 2: Longer Time to File With the DLSE Is Another Unwanted Gift for...

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this second day of the...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights, Issue 33, November 2020

Litigators often refer to so-called "bad facts," which are the facts that have the potential to sink a case with a jury. This 33rd issue of Unprecedented discusses a case with perhaps the worst alleged set of "bad facts" that...more

Allen Matkins

California Allows Attorney's Fees Award To Successful Whistleblowers

Allen Matkins on

California's Labor Code currently prohibits employers, or persons acting on their behalf, from retaliating against employees who "blow the whistle".  Cal. Lab. Code § 1102.5.  The same statute also prohibits employers, or...more

McDermott Will & Emery

[Webinar] Background Checks: The Advent of the New Employment Class Action (Part 2) - September 10th, 11:00 am PT

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more

Fox Rothschild LLP

Reassessing The Pros And Cons Of Workplace Arbitration-UPDATED August 2020

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As someone who represents employers, I’ve long been a proponent of arbitration as a way to limit exposure to employment claims. I have colleagues who disagree and I recognize that it’s a complicated issue. So starting about...more

McDermott Will & Emery

[Webinar] Background Checks: The Advent of the New California Employment Class Action - July 30th, 11:00 am - 12:15 pm PDT

McDermott Will & Emery on

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more

Proskauer - California Employment Law

Los Angeles Jury Awards $15.4 Million To Former LA Times Columnist

Employers all over California are once again hearing the siren call of arbitration in the wake of a $15.4 million single-plaintiff verdict that a Los Angeles jury delivered to a former Los Angeles Times sports columnist on...more

Fenwick & West LLP

New York Employers: Prepare for Changes to Harassment, Discrimination and Equal Rights Laws

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New York Governor Andrew M. Cuomo on August 12 signed into law new legislation expanding employee protections against discrimination and harassment. Among the key provisions are a lower standard for proving harassment,...more

Proskauer - California Employment Law

California Jury Rejects Employee’s Discrimination Claims Against Chipotle

Proving it still is possible to obtain a favorable jury verdict in California, a federal jury sided with Chipotle Mexican Grill last Wednesday in a case involving disability discrimination claims by former assistant store...more

Womble Bond Dickinson

Another “BIG” FCRA class settlement

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On Friday, Magistrate Judge David R. Strawbridge of the Eastern District of Pennsylvania granted motions for Final Approval of Class Action Settlement and Award of Attorneys’ Fees and Reimbursement of Expenses in Kelly v....more

Womble Bond Dickinson

Settlement Tracker: Delta Airlines Settles FCRA Class Action

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Earlier this month, a class representative for employees and prospective employees at Delta Airlines reached a proposed settlement with Delta. The settlement is awaiting court approval, but provides helpful context of the...more

Proskauer - California Employment Law

A California Jury Strikes Again – Hands Out $11 Million Verdict

A Los Angeles jury awarded more than $11 million to two former employees who claimed they were sexually harassed and retaliated against for complaining about the harassment. Megan Meadowcroft and Amber Brown, who worked at...more

Fisher Phillips

Top 10 Non-Monetary Terms In Uber’s $10M Discrimination Settlement

Fisher Phillips on

Sure, the monetary portion of the settlement—$10 million to a class of approximately 400 Uber software engineers and over $2.6M in attorneys’ fees—is pretty eye-opening. But perhaps the more significant part of the settlement...more

Payne & Fears

Key California Employment Law Cases: August 2018

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This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks.   EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more

Fisher Phillips

California Employers To Face Raft Of New #MeToo Laws

Fisher Phillips on

Wrapping up a whirlwind weekend, California Governor Jerry Brown just signed several pieces of legislation that will create new employer obligations in the areas of sexual harassment and gender discrimination. Specifically,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

More Buzz in Connecticut on Medical Marijuana in the Workplace

A Connecticut federal court judge provided further clarification for employers concerning Connecticut’s Palliative Use of Marijuana Act (PUMA). In its second decision in Noffsinger v. SSC Niantic Operating Company, LLC...more

Butler Snow LLP

Sixth Circuit Upholds EEOC Victory in ADA Suit

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In a previous piece, I wrote about a diabetic worker in East Tennessee who won a jury award in an Americans with Disabilities Act (ADA) case against Dollar General. The worker was fired for violating Dollar General’s grazing...more

Foley & Lardner LLP

So What’s it Going to Cost Me?

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When faced with an employment discrimination, harassment or retaliation claim, often the immediate response is, “We are going to defend ourselves and prove we are right,” followed by, “So what will it cost us if we lose?”...more

Jackson Lewis P.C.

Trial Court Properly Denied Attorneys’ Fees To Plaintiff Who Proved His Termination Was Substantially Motivated By His...

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In Bustos v. Global P.E.T., Inc., (E065869, Cal. Ct. App. January 16, 2018), Plaintiff William Bustos and a number of his co-workers were terminated by Global in an economic layoff. Bustos sued Global alleging his...more

Proskauer - California Employment Law

Los Angeles Jury Awards $17.4 Million to Sanitation Bureau Employee

Continuing an alarming recent pattern of multi-million dollar jury awards, a Los Angeles jury panel recently awarded $17.4 million to a former employee of the Bureau of Sanitation. The employee claimed he had been retaliated...more

Proskauer - California Employment Law

Tax Reform Act Denies Deductions for Some Sexual Harassment Settlements

In a little-noticed provision buried deep inside the new Tax Cuts and Jobs Act (signed into law on Dec. 22) is the following “denial of deduction”: “Payments related to sexual harassment and sexual abuse – No deduction...more

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