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Employer Liability Issues › Fee-Shifting

Littler

Court Holds Backup Withholding Required by Law Does Not Violate a Settlement Agreement

Littler on

In Escano v. Innovative Financial Partners, LLC, a magistrate judge held that the defendants’ decision to withhold funds from a payment required under a settlement agreement when the plaintiff refused to provide a Form W-9...more

CDF Labor Law LLP

A PAGA Victory to Bring in the New Year: Trial Court Holds LWDA Responsible for Prevailing Employer’s Costs

CDF Labor Law LLP on

Last week a trial court in Alameda County entered an order permitting Hobby Lobby Stores, Inc. to recover nearly $125,000 in costs from the California Labor and Workforce Development Agency (LWDA). Hobby Lobby incurred these...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Compensable Time and ADA Fees

Morrison & Foerster LLP - Left Coast Appeals on

This week, the Court explores whether time booting up a computer is compensable under federal labor law and addresses district courts’ discretion to adjust fees for serial American With Disabilities Act litigants....more

Carlton Fields

SDNY Compels Arbitration Based on Severability Doctrine, Finds Fee-Shifting Clause Not Unconscionable

Carlton Fields on

The Southern District of New York granted a motion to compel arbitration of an employment dispute between the petitioners and the respondent. The petitioners also filed a motion to dismiss or stay a concurrent proceeding that...more

Jackson Lewis P.C.

“Catalyst” Test Applicable To Awarding Attorney’s Fees For State Wage And Hour Claims, Massachusetts Supreme Judicial Court Holds

Jackson Lewis P.C. on

Rejecting the federal standard for determining whether a party has “prevailed” on his or her claim under the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, §§ 148 & 150, the Massachusetts Supreme Judicial Court has held...more

Proskauer - Law and the Workplace

Massachusetts Supreme Judicial Court OK’s Attorneys’ Fees for Wage Act Settlements

Proskauer - Law and the Workplace on

As has been long anticipated, the Massachusetts Supreme Judicial Court recently gave a green light to plaintiffs’ attorneys seeking a fee award under the Commonwealth’s Payment of Wages Act, even where an action ends in...more

Foley & Lardner LLP

So What’s it Going to Cost Me?

Foley & Lardner LLP on

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

Bass, Berry & Sims PLC

In Bizarre Procedural Posture, Ninth Circuit Finds FCRA Willful Violation

Bass, Berry & Sims PLC on

In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that combining a liability waiver and a Fair Credit Reporting Act (FCRA) disclosure in an employment application constitutes a willful...more

Mintz - Securities & Capital Markets...

ISS Releases 2015 Proxy Voting Guidelines

Mintz - Securities & Capital Markets... on

ISS (Institutional Shareholder Services) has released its annual 2015 Proxy Voting Guidelines Updates. These guidelines apply to annual meetings to be held on or after February 1, 2015. Many of our clients have investors who...more

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