News & Analysis as of

Employer Liability Issues Due Process

Bradley Arant Boult Cummings LLP

Try Again NLRB – 5th Circuit Remands Case Back After the Board’s Bait and Switch Move

What happens when the NLRB asks a federal court to remand a case back to the board based on a new case holding to interpret the matter before it, the court does so, and then the board pulls a “bait and switch” to flat out...more

Seyfarth Shaw LLP

Cutting Off Claims – When Does the FTC Noncompete Ban Allow for Accrued Actions?

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The FTC’s Final Rule banning non-competes in worker agreements contains a noteworthy exception that its provisions “do not apply where a cause of action related to a non-compete clause accrued prior to the effective date.” ...more

McDermott Will & Emery

Estrada Is Not a Death Knell to PAGA Defenses

McDermott Will & Emery on

On January 18, 2024, in a highly anticipated and unanimous decision, the Supreme Court of California barred striking a claim under the Private Attorneys General Act (PAGA) on trial manageability grounds alone, instead...more

Stradling Yocca Carlson & Rauth

The Magic Carpet Ride Comes to an End: PAGA Claims Can No Longer Be Stricken on Manageability Grounds

On January 18th, the California Supreme Court in Estrada v. Royalty Carpet Mills, Inc. ruled that defendants sued under the Private Attorney General Act (PAGA) may no longer strike unmanageable claims.  PAGA claims are...more

Tucker Arensberg, P.C.

School District Subject to Suit for Manner of Completing Act 168 (“Pass the Trash”) Form

Tucker Arensberg, P.C. on

Dale McClendon v. The School District of Philadelphia, 2023 WL 4237080 (E.D. Pa 2023). (Federal court held that a school district was subject to due process and breach of contract claims for the manner in which it completed a...more

Littler

California Court Holds Defendants in Workplace Violence Restraining Order Petitions Have a Due Process Right to Cross-Examine...

Littler on

On October 17, 2022, in an issue of first impression at the appellate level, California’s Court of Appeals (First District) published an opinion clarifying that a defendant in a petition for restraining order under...more

Littler

First Lawsuit Against Florida’s “Stop WOKE” Bill Filed

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As we reported previously, Governor DeSantis signed the “Stop WOKE” Act into law on Friday, April 22, 2022. Ten minutes later, five individuals, including three teachers, a student, and an individual consultant who provides...more

FordHarrison

What Does Florida's "Stop WOKE" Act Mean for Employers?

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On Friday, April 22, 2022, Florida Governor Ron DeSantis signed the “Stop WOKE” Act (HB 7) (“the Act”) into law. The Act has drawn national attention and debate, as it creates legal restrictions and prohibitions on what...more

Proskauer Rose LLP

No Temporary Relief for NYC Hotels from Severance Law

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As previously discussed, the New York City Council passed a law at the end of last year requiring certain hotels in the City to pay eligible employees weekly severance payments for up to 30 weeks. There were swift legal...more

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

California Court of Appeal Confirms Trial Courts’ Inherent Power to Strike or Limit Unmanageable PAGA Lawsuits

On September 9, 2021, a California Court of Appeal issued its ruling in Wesson v. Staples the Office Superstore, LLC, delivering a welcome victory to employers battling representative actions under the Private Attorneys...more

Akin Gump Strauss Hauer & Feld LLP

California Court of Appeal Approves Limiting or Striking Unmanageable PAGA Claims

In Wesson v. Staples The Office Superstore, LLC, the California Court of Appeal held that “courts have inherent authority to ensure that PAGA claims can be fairly and efficiently tried and, if necessary, may strike claims...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 11

Welcome to the eleventh, post-Memorial Day issue of the 2021 edition of Unprecedented. As India and Peru experience record COVID-19 cases, many parts of the United States have reached a return to normality that was...more

Constangy, Brooks, Smith & Prophete, LLP

The Insidious Deception That Is "Employment At Will"

Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

Holland & Knight LLP

How Limiting Are the Limitations on Mandatory Employer Vaccination?

Holland & Knight LLP on

This week, the EEOC approved employers requiring employees to receive COVID-19 vaccination, subject to limitations. How limiting are the limitations? Case law applying them is thin, but generally treats them as narrow. In...more

Spilman Thomas & Battle, PLLC

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

As we continue our weekly update on COVID-19 related litigation, we have decided that this 19th issue of Unprecedented is the most fitting time for a format change to make viewing our content easier. Now, all content is...more

Littler

FLSA Collective Action Limited by Lack of Personal Jurisdiction

Littler on

In a significant victory for employers and the principles of due process, the District of Minnesota recently joined several other federal courts around the country in holding that only workers with a connection to the forum...more

Epstein Becker & Green

Who’s Up Next? Now It’s Ride-Share and Delivery Companies’ Turn to File Suit Challenging California’s Controversial New...

AB 5, California’s hastily passed and controversial independent contractor statute, which codifies the use of an “ABC test,” is set to go into effect on January 1, 2020. Already, the California Trucking Association has filed...more

Littler

Dynamex Retroactivity Question Sent to California State Court

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On September 24, 2019, the U.S. Court of Appeals for the Ninth Circuit certified to the Supreme Court of California the question of whether that court’s landmark 2018 decision in Dynamex v. Superior Court should be applied...more

Tucker Arensberg, P.C.

Court Establishes 5 Factors to Determine When A School District Offer to Resign Is Actually A Constructive Discharge

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Judge v. Shikellamy Sch. Dist., 905 F.3d 122 (3d Cir. 2018).  When a public school district offers an employee a chance to resign in lieu of termination, courts will review five factors to determine whether the resignation...more

Polsinelli

California Hospitals Cannot Use an Exclusive Contract to do an End-Run around a Medical Staff Member’s Right to Notice and a Fair...

Polsinelli on

Economy v. Sutter East Bay Hospitals (Feb. 4, 2019, A150211, A150738, A150962) __ Cal.App.5th __ [2019 WL 422346] - The California First District Court of Appeal has addressed an issue often dealt with by hospitals with...more

Fisher Phillips

3.8 Million Reasons Why Proper Process in Physician Discipline Matters

Fisher Phillips on

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

Seyfarth Shaw LLP

Man Bites Dog: This PAGA Lawsuit Is Different

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Seyfarth Synopsis: Members of the plaintiffs’ bar submit about 500 PAGA notices each month to California’s Labor and Workforce Development Agency. Each notice presages yet another PAGA lawsuit against yet another hapless...more

Sherman & Howard L.L.C.

State Senate Sues EEOC?

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In a classic “man bites dog” story, the Florida Senate filed a federal lawsuit against the EEOC. The suit seeks to kill an EEOC charge and administrative hearing alleging that a senator sexually harassed a legislative...more

Carlton Fields

DC Court Weighs Whether Bristol-Myers Squibb Applies To Class Actions In Whole Foods Case

Carlton Fields on

The District of Columbia district court added to the growing collection of orders opining on whether and to what extent the Supreme Court’s decision in Bristol-Myers Squibb applies to class actions....more

Cranfill Sumner LLP

Significant Opinion Affecting Governmental Employers

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North Carolina Supreme Court recognizes a new claim in favor of governmental employees pursuant to the North Carolina Constitution. The North Carolina Supreme Court has recognized a new right pursuant to Article I, Section...more

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