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Employment Law Update In January 2008, President Bush signed into law the first-ever amendments to the Family and Medical Leave Act (“FMLA”) and on November 17, 2008, the Department of Labor (DOL) published its much...
March 11, 2014
Court of Appeal Clarifies Distinctions Between An Employee And An Independent Contractor
California Employment Law Update On January 23, 2009, the California Court of Appeal, Fourth Appellate District, published its decision in Cristler v. Express Messenger Systems, Inc., providing further guidance on the...
California Business Litigation Update On February 20, 2009, Governor Schwarzenegger signed into law the “California Foreclosure Prevention Act.” The law, until January 1, 2011, and with respect to loans that were recorded...
Employment Law Update On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act (“the Act”), attempting to provide economic stimulus to the nation’s economy. Among the...
March 11, 2014
Supreme Court Upholds Enforceability Of Collective Bargaining Agreements That Mandate Arbitration For Statutory Claims
Employment Law Update In the decision 14 Penn Plaza v. Pyett, the United States Supreme Court held that a provision in a collective bargaining agreement expressly requiring union member to arbitrate age-discrimination claims...
Employment Law Update On May 18, 2009, the United States Supreme Court issued its opinion in AT&T Corp. v. Hulteen. Reversing the Ninth Circuit’s decision, the Court held that AT&T did not violate the Pregnancy...
March 11, 2014
California Court of Appeal Overturns $105 Million Award to Employee in Starbucks Tip Pooling Case
California Employment Law Update On June 2, 2009, the California Court of Appeal, Fourth Appellate District issued its opinion in Chau v. Starbucks Corporation. Reversing the Superior Court of San Diego County’s decision,...
Employment Law Update The U.S. Supreme Court held in Gross v. FBL Financial Services, Inc. that plaintiffs must prove that age is a “but for” cause of an adverse employment decision under the Age Discrimination in...
March 11, 2014
Employers on Winning and Losing Ends of California Supreme Court Decisions Involving Standing and Class Action Pleading Requirements
California Employment Law Update In a pair of companion cases, the California Supreme Court ruled on two major issues for employers facing workplace violation suits. In Arias v. Superior Court (Angelo Dairy), the Court held...
California Employment Law Update The California Supreme Court held in Hernandez v. Hillsides that the defendant employer did not violate employee privacy rights by installing a hidden camera aimed at catching a person viewing...
California Employment Law Update In The Retirement Group v. Galante, a California Court of Appeal held that customer non-solicitation agreements are enforceable only to the extent they prohibit former employees from using...
Employment Law Update On October 28, 2009, President Obama signed the National Defense Authorization Act of 2010 (“NDAA 2010”) into law. The NDAA 2010 significantly alters employers’ duties under the Family...