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Penalties Class Action

Fisher Phillips

California Supreme Court Rules Public Employers Are Exempt from PAGA: What Employers Need to Know + 4 Practical Tips

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The California Supreme Court just ruled that public employers are not subject to civil penalties under the state’s Private Attorneys General Act of 2004 (PAGA). In a pivotal decision, the court held that public entities,...more

Farella Braun + Martel LLP

PAGA Amendments: A Reprieve for Employers Proactively Addressing Labor Code Violations, but Ambiguities Remain

On July 1, 2024, California Governor Gavin Newsom signed into law a package of reforms to the Private Attorneys General Act (“PAGA”), a statute that has created headaches for employers and driven up wage and hour litigation...more

Foley & Lardner LLP

A Trap for the Unwary: Fraud Rising in Claims-Made Class Action Settlements

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When settling consumer product class actions, many parties agree to resolve their claims using what is known as a “claims-made” settlement model. When a claims-made settlement is reached, class members must submit a “claim”...more

Foley & Lardner LLP

Five Things on the Department of Labor’s Radar for Employee Benefit Plans

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All qualified retirement plans are subject to a myriad of requirements of the Employee Retirement Income Security Act of 1974, as amended (ERISA). The United States Department of Labor (DOL) is charged with enforcing the...more

ArentFox Schiff

In a Rare Win for Employers, the California Supreme Court Holds That Wage Statement Penalties Are Not Available if an Employer...

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In Naranjo v. Spectrum Security Services, Inc., Case No. S279397 (May 6, 2024), the California Supreme Court held that if an employer reasonably and in good faith believed it was providing a complete and accurate wage...more

Farella Braun + Martel LLP

Navigating California Wage Statement Penalties After Naranjo v. Spectrum Security Services, Inc.

On May 6, 2024, the California Supreme Court, in Naranjo v. Spectrum Security Services, Inc., clarified that an employer is not liable for statutory penalties for inaccurate wage statements when it had a good faith and...more

Saul Ewing LLP

The Genetic Information Privacy Act: Recent Surge in Class Action Lawsuits Against Illinois Employers

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Over the last decade, Illinois employers have been faced with a rash of class action lawsuits under the Biometric Information Privacy Act (BIPA), causing many employers to pay hefty sums and alter their biometric timekeeping...more

King & Spalding

Is Illinois’ GIPA the Next BIPA?

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Perhaps in response to recent success pursuing claims under Illinois’ Biometric Information Privacy Act (BIPA), the plaintiffs’ bar is now also pursuing class actions against employers under another unique Illinois privacy...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023 - 2

Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by...more

Proskauer Rose LLP

Place-Of-Origin Class Actions, FTC Scrutiny May Rise In 2023

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It has been almost 40 years since Bruce Springsteen first famously celebrated being American-made with his hit "Born in the USA." From an advertising industry perspective, this song's lasting popularity is no surprise;...more

Proskauer - Advertising Law

“Born in the USA”?: Place of Origin Claims Take Center Stage in False Advertising Suits and FTC Enforcement

It has been almost forty years since Bruce Springsteen first famously celebrated being “Born in the USA.” From an advertising industry perspective, this song’s lasting popularity is no surprise; as advertisers know, “Made in...more

Foley & Lardner LLP

California Pay Transparency Bill Awaits Governor’s Signature

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In line with a current trend across the country, the California Senate recently sent a bill to the Governor’s desk that will require certain employers to include compensation information in job postings along with other pay...more

Alston & Bird

Payments Docket - June 2022

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Welcome to the first edition of the Payments Docket, our roundup of key litigation involving the payment industry. This edition features a stolen cell phone number used to buy cryptocurrency, a pair of class actions accusing...more

Jackson Lewis P.C.

Build Back Better Act Update: Committee Releases Labor Provisions for Inclusion in Senate Vote

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The Build Back Better Act passed the House on November 19, 2021. It contains controversial provisions on many subjects, including new employer penalties under the National Labor Relations Act (NLRA). On December 11th, the...more

Buchalter

Court Of Appeal Provides A New Weapon For Employers Regarding PAGA Claims—Manageability

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The California Court of Appeal issued a landmark decision on September 9, 2021, upholding a trial court’s striking (dismissing) of a PAGA lawsuit because Plaintiff could not establish that trial of the matter would be...more

Bass, Berry & Sims PLC

Perfection Not Required: Fifth Circuit Vacates HHS OCR $4.3 Million Penalty for Potential Data Breach Case

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On January 14, the Fifth Circuit vacated the University of Texas M.D. Anderson Cancer Center’s (M.D. Anderson) $4.3 million fine for HIPAA violations arising from its loss of more than 35,000 individuals’ protected health...more

BakerHostetler

AD-ttorneys@law – January 2021 #1

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Candymaker Tries to Fend Off Vanilla Class Action- Plaintiff argues that consumer taste justifies painful legal extraction - Bean Stalkers - Mars Wrigley Confectionery—we’ll just call them Mars, the familiar corporate...more

Arnall Golden Gregory LLP

Compliance News Flash - December 2020 #2

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

Holland & Knight LLP

Twin Decisions Impact Employers with Workforces in – or Traveling to – California

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The California Supreme Court's recent opinions in Oman v. Delta Air Lines, Inc. and Ward v. United Airlines, Inc. clarify when, and under what circumstances, employees who even occasionally work in California are entitled to...more

Neal, Gerber & Eisenberg LLP

Client Alert: Circuit Split on Definition of “Autodialer” Under the TCPA Leaves Companies at Risk

In recent years, the Telephone Consumer Protection Act (“TCPA”) has been a major source of potential liability for companies that send marketing text messages.  ...more

Hogan Lovells

California Appellate Rulings Give Employers Some Good News On Break Premiums

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The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more

Jones Day

JONES DAY PRESENTS®: Insurance Implications of the California Consumer Privacy Act

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Jones Day Insurance Recovery partner Rich DeNatale talks about insurance implications for clients subject to the California Consumer Privacy Act ("CCPA"), including policy limits and coverage for statutory damages. The CCPA...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

Spilman Thomas & Battle, PLLC

What Bank Litigators Want Banks to Know About the State of Consumer Protection Litigation in W.Va.

For decades, consumer protection has led to copious amounts of litigation in West Virginia. In the past several years, the types of lawsuits filed under the debt collection provisions of the West Virginia Consumer Credit and...more

Thomas Fox - Compliance Evangelist

Farewell to Marty Balin; the Petrobras FCPA Enforcement Action: Part I

This blog post will begin a multi-part exploration of the Petróleo Brasileiro S.A. – Petrobras (Petrobras) Foreign Corrupt Practices Act (FCPA) enforcement action. The action was a stunning reminder of the costs of endemic...more

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