The Ninth Circuit recently ruled that salary history is no defense to a claim of sex discrimination under the federal Equal Pay Act, effectively expanding from the West Coast to the entire circuit a ban on a previously common...more
3/5/2020
/ Appeals ,
Deceased ,
Defense Strategies ,
Employer Liability Issues ,
En Banc Review ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Judge Reinhardt ,
Judicial Review ,
Precedential Opinion ,
Reversal ,
Salary/Wage History ,
Sex Discrimination ,
Wage and Hour ,
Yovino v Rizo
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
12/3/2019
/ Appeals ,
Calculation of Damages ,
Class Action ,
Compensation & Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Failure To Pay ,
Labor Code ,
Labor Law Violations ,
Labor Regulations ,
Penalties ,
Rate of Pay ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
In Vazquez v. Jan-Pro Franchising Int’l, Inc., the Ninth Circuit revived a decade old wage and hour class action and simultaneously dealt a blow to many employers utilizing independent contractors by holding that California...more
5/6/2019
/ ABC Test ,
Appeals ,
Class Action ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Opinion Letter ,
Retroactive Application ,
Wage and Hour
The Supreme Court ruled on Wednesday that a court cannot force class arbitration unless both the employer and the employee clearly agreed to class arbitration. In Lamps Plus, Inc. v. Varela...more
4/26/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
Two California Courts of Appeal came to two different conclusions on motions to compel arbitration on the same day last week (April 10), again demonstrating the care that must be taken in drafting and presenting arbitration...more