After temporarily falling to third place in 2020, California once again claims the top spot on the American Tort Reform Foundation’s (ATRF) annual list of “Judicial Hellholes.” While California has not taken home the gold in...more
Illinois legislators have introduced new legislation that, if passed, could drastically alter the liabilities faced by employers and businesses to potential COVID-19 exposure claims. House Bill 3003, the “COVID-19...more
Part 2: New Employment-Related Court Decisions Impacting California’s Public and Private Entities - California and federal courts handed down a number of labor and employment-related decisions last year, impacting...more
Lawyers love to follow the intricacies of litigation - we read the court decisions and follow matters through trials like some follow the latest happenings in their favorite TV drama. CRST Van Expedited v. EEOC - From...more
In 2007, the Equal Employment Opportunity Commission filed suit against a trucking company, alleging a pattern and practice of sexual harassment affecting a class of 270 female employees. The district court dismissed the...more
Why it matters - An award to a prevailing party for fees and costs after the losing party rejected a Section 998 pretrial settlement offer does not apply to nonfrivolous cases filed under the Fair Employment and Housing...more
Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more
The Situation: High unemployment rates, combined with an outdated Brazilian protectionist labor regime that imposed high costs on employers, created the opportunity for a new approach to labor regulation. The Result: Brazil...more
Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more
Buried in an appropriations bill designed to address no fewer than 42 separate issues is a small, but important item for California employers. In response to requests for legislative restrictions on the Private Attorneys...more
California employers had reason to celebrate over the weekend, as Governor Jerry Brown signed legislation to curb frivolous “PAGA” lawsuits alleging noncompliance with itemized wage statement requirements in California Labor...more
Under the federal civil rights statutes, plaintiffs who prevail ordinarily receive an award of attorneys’ fees that must be paid by the defendant. But, in order not to deter plaintiffs from filing such claims, the reverse is...more