Law School Toolbox Podcast Episode 292: Listen and Learn -- The Erie Doctrine (Civ Pro)
Bar Exam Toolbox Podcast Episode 126: Listen and Learn -- The Erie Doctrine
Last week a California Employer secured a victory when the California Court of Appeal held that the employer’s general California choice-of-law provision in its employment agreement did not entitle the employee to pursue...more
A federal court recently held that New Jersey’s Wage Payment Law (NJWPL) does not extend to employees working outside the state, even if the employer is headquartered there. The April 3 decision in Ortiz v. Goya Foods, Inc....more
This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more
This month's key employment law cases address the enforcement of arbitration agreements. Diaz v. Sohnen Enters., 34 Cal. App. 5th 126, 245 Cal. Rptr. 3d 827 (2019) Summary: When employee continues his or her employment...more
On June 10, 2019, the Supreme Court of the United States unanimously ruled that state wage and hour laws do not apply to offshore drilling workers where federal law addresses the relevant issue. In Parker Drilling Management...more
In a rare decision applying the Outer Continental Shelf Lands Act (43 U.S.C. §1331 et seq.(“OCSLA”), the United States Supreme Court has clarified, re-affirmed and perhaps (given the breadth of its opinion) expanded the...more
U.S. Supreme Court reaffirms primacy of federal law on Outer Continental Shelf holding state law may not be adopted where federal law already addresses the issue. In Parker Drilling Management Services Ltd. v. Newton, 587...more
Workers on oil drilling platforms off the coast of California are covered by the Fair Labor Standards Act (FLSA), not California’s overtime and wage laws, the U.S. Supreme Court has held unanimously. Parker Drilling...more
On June 10, 2019, the United States Supreme Court unanimously ruled that state wage and hour laws do not apply to certain drilling rig employees working off the California coast. The rig workers argued that California law...more
By a unanimous 9-0 decision, the U.S. Supreme Court yesterday declined to extend California’s wage-and-hour laws to employees working on offshore drilling platforms subject to the Outer Continental Shelf Lands Act (Parker...more
On June 10, 2019, the Supreme Court of the United States decided Parker Drilling Management Services, Ltd. v. Newton, No. 18-389, holding that state law does not apply to the Outer Continental Shelf when federal law addresses...more
In three separate cases involving airline employers, the U.S. Ninth Circuit Court of Appeals recently certified five questions to the California Supreme Court for guidance on whether California’s labor code provisions apply...more
A choice of law provision within an arbitration agreement selecting Maryland law was held unenforceable in so far as it would result in waiver of claims under the California Private Attorneys General Act (PAGA), contrary to...more
Last month, the New Jersey State Senate introduced Senate Bill 3518 (the “Bill”), which, if passed, will severely restrict the use and enforceability of employee non-compete agreements in the state of New Jersey. Most...more
For the vast majority of employment relationships around the world,choice-of-law analysis is a non-issue that we rarely ever think about. Obviously (for example), a Paris-resident baker working locally for a French bakery is...more
On October 19, 2017, the Court of Appeals for the Third Circuit ruled that New Jersey based Mary Kay consultants could not bring a claim in New Jersey federal court against Mary Kay for alleged violations of the New Jersey...more
In deciding whether California’s overtime laws apply to non-resident employees who spend full days or weeks working in the state, the California Supreme Court has previously held the state’s labor code applies to overtime...more
California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and beyond. ...more
The California Legislature continues to be very active in passing pro-employee legislation, creating additional compliance burdens and litigation risks for employers. The following summary contains the key new laws employers...more
Once again California will ring in the New Year with a number of new laws affecting employers and employees in the Golden State. Much of this new legislation clarifies existing laws to provide guidance to employers or grant...more
Continuing a trend from recent years, the California Legislature passed, and Gov. Jerry Brown signed into law, numerous labor and employment bills in 2016. Each becomes effective on Jan. 1, 2017, unless otherwise...more
Now is the time of year for California employers to review the numerous employment laws that will be going into effect in 2017 to ensure that their policies and practices are in compliance and properly address new...more
California’s 2016 legislative session ended, once again, with a flurry of activity in the legislature and by Governor Jerry Brown, resulting in numerous new laws requiring employer action. The end-of-session bills were not...more
In keeping with California’s reputation of being an employee-friendly state, Governor Brown has enacted a number of laws, most of which go into effect on January 1, 2017 (unless specified otherwise below), that place...more
California Governor Jerry Brown concluded the 2016 Legislative Session by signing several bills affecting employment relationships. Listed below are those bills that perhaps most critically impact your daily operations. ...more