Employees must be paid for time spent on their employer’s premises waiting for, and undergoing, required searches of bags and other property voluntarily brought to work, according to the California Supreme Court’s ruling...more
Let’s face it. The hiring process involves mounds of regulations, disclosures, authorizations, and then more disclosures. The last thing an employer – or applicant – wants to see is a higher stack of documents filled with...more
4/26/2018
/ Appeals ,
Class Action ,
Corporate Counsel ,
Disclosure Requirements ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Frito-Lay ,
Hiring & Firing ,
Popular ,
Settlement ,
Waivers
Question: Some of our retail company’s employees in California are demanding chairs to sit in while they work. Management thinks it appears unprofessional to have workers sitting, but I hear the employees might have a legal...more
4/12/2016
/ Banks ,
CA Supreme Court ,
Class Action ,
CVS ,
Employer Liability Issues ,
Job Duties ,
JPMorgan Chase ,
Retailers ,
Seating ,
Suitable Seats Lawsuits ,
Totality of Circumstances Test ,
Wage Orders
The parameters of Constitutional standing, which have been in flux for decades, are solidifying before our very eyes. In recent months the U.S. Supreme Court has confirmed that a litigant must have a “live dispute” at all...more
2/15/2016
/ Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Fair Credit Reporting Act (FCRA) ,
Genesis Healthcare Corp. v. Symczyk ,
Injury-in-Fact ,
Mootness ,
Rule 68 ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Tender Offers
Question: We have our electronic handbook and arbitration agreement online, and all employees sign both electronically. I saw a news blurb that a California court last year refused to enforce an arbitration agreement that...more
Last week, the California Supreme Court provided additional guidance as to how to draft an enforceable arbitration agreement and how Courts should analyze whether mandatory arbitration provisions can be held unconscionable...more
8/13/2015
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
CA Supreme Court ,
Car Dealerships ,
Class Action ,
Class Action Arbitration Waivers ,
CLRA ,
Consumer Lenders ,
Federal Arbitration Act ,
Injunctive Relief ,
Misrepresentation ,
Poison Pill ,
Preemption
Quirky Question -
We are a California employer. After all the publicity surrounding class actions over meal and break periods, we instituted automatic warnings if employees take too long or too short a meal or rest...more