Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Cariene Cadena v. Customer Connexx LLC on July 10, 2024, reversing the U.S. District Court for the District of Nevada’s summary judgment ruling in favor of...more
It seems like a lifetime ago that we first posted on the legalization of cannabis in Illinois and its effect on Illinois employers, way back in November 2019. At that time we provided a detailed overview of the clarifications...more
Seyfarth Synopsis: On January 18, 2024, in Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court addressed the split in appellate authority as to whether trial courts have inherent authority to strike a PAGA...more
In order to prevail in an Equal Pay Act claim, the plaintiff must demonstrate that she was paid less than a comparable male employee. When the two employees have distinctly different job duties and responsibilities,...more
Tyger v. Precision Drilling Corp., 78 F.4th 587 (3d Cir. 2023) - A group of oil rig hands sued their employer, Precision Drilling Corp. (PDC), alleging they were entitled to wages under the Fair Labor Standards Act (FLSA) for...more
Assumption of the Risk- Smith v. Be Fit with Michelle, LLC, 11th Dist. Lake, No. 2023-Ohio-3118. In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment...more
A federal court in Arizona recently rejected a defense for Arizona employers seeking to avoid liability for unpaid wages under the Arizona Wage Act (AWA). In Arrison v. Walmart, 2023 WL 4421425 (D. Ariz. July 10, 2023), the...more
I read an interesting blog post by Seyfarth Shaw on a working time case in a call center. I have often blogged about working time cases, preliminary/postliminary cases, and have lamented that the de minimis doctrine, often...more
Late last year, I wrote about approaching compliance challenges by thinking as much about the “why” as about the “what” of the compliance requirement. The point I hoped to convey was that inquiring into the question of why a...more
Firm must go to trial on same-sex harassment claim. If one employer's swings and misses can help other employers -- this case is a grand slam. An executive recruiting firm hired a kid right out of college to work out of its...more
On February 22, 2023, the United States Supreme Court issued the long-awaited decision in Helix Energy Solutions Group, Inc. v. Hewitt. The Supreme Court held that a highly compensated employee who is paid solely on a...more
Seyfarth Synopsis: Neutral rounding policies have long been approved by the California courts. See’s Candy Shops, Inc. v. Superior Court (2012). However, the California Court of Appeal recently held that employers who “can...more
A unanimous three-judge panel reached a decision in the case of Bijon Hill v. Walmart. Last week, the U.S. Court of Appeals for the Ninth Circuit affirmed that Walmart classified a freelance model, Bijon Hill, as an...more
In a recent opinion in Hill v. Walmart Inc., the Ninth Circuit affirmed summary judgment in favor of Walmart on Hill’s claim for waiting time penalties under Labor Code section 203, finding there was a good-faith dispute...more
A recent California Court of Appeal decision confirms that a California employer may be liable to an at-will employee who relocates to accept a new employment position, when the employer’s description of the kind or character...more
In a December 13, 2021 decision, the Massachusetts Supreme Judicial Court adopted a standard heretofore applied in federal court for determining joint employer status. In Jinks v. Credico (USA) LLC, four plaintiff employees...more
Although the unpaid time employees spent booting up their computers was relatively small, it was compensable and the employer failed to establish the practical administrative difficulty of estimating the time at issue, which...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more
Past and present franchisees of commercial cleaning service franchisor, Jani-King, brought claims for violation of Connecticut minimum wage and anti-kickback laws, and unjust enrichment. They claimed Jani-King misclassified...more
The 11th Circuit clarified that employers, not employees, bear the burden of proving compliance with the 80-20 rule for employees subject to the tip credit under the FLSA....more
What is an employer’s risk in terminating an employee who has suffered an injury or becomes disabled and no longer can perform the essential functions of the position? How can that risk be lowered?...more
Montana’s Wrongful Discharge from Employment Act (WDEA) requires that employers have just cause for discharge of employees after completion of an initial probationary period. A recent Montana case highlights state-specific...more
California law generally requires that employers provide nonexempt employees an uninterrupted nonworking 30-minute meal period to begin before the end of the fifth hour of work. These requirements apply even if the employee...more
Reversing a district court’s grant of summary judgment, the Iowa Court of Appeals held an employee presented sufficient evidence for her disability-based hostile work environment claim to proceed to trial, despite the...more
An employer’s past leniency in applying and enforcing its attendance policy did not contradict the employer’s later position that regular worksite attendance was required for employment, the U.S. Court of Appeals for the...more