Tag Archives: Inc.

California Supreme Court Clarifies “Day of Rest” Requirements

By Lucas Paule on May 10, 2017 Posted in Retail, Wage and Hour

California’s employment laws have consistently caused headaches for employers because even minor technical violations of these laws can fuel class action litigation and prove costly. However, a recent decision by the California Supreme Court, Mendoza v. Nordstrom, Inc. (SC S224611), provides some clarity by tackling three burning questions regarding California’s day of rest statutes – … Continue Reading

Ninth Circuit Reverses District Court, Rules FedEx Drivers in California and Oregon are Employees

By Todd Lebowitz on September 2, 2014 Posted in Independent Contractors

The brain teaser game, What am I? can keep kids and adults occupied for hours: The more you take of me, the more I leave behind. What am I? I have a face but no eyes, hands but no arms. What am I? I disappear every time you say my name. What am I? (Don’t … Continue Reading

California Supreme Court Again Considers the Validity of Class and Representative Action Waivers

By John Lewis and Dustin Dow on June 23, 2014 Posted in PAGA

Today, in a highly-anticipated decision, the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, Inc. (Case No. S204032), resolved several long-standing questions regarding the impact of class and representative action waivers under California law. The Court’s prior Discovery Bank v. Superior Court (2005),decision was invalidated by the U.S. Supreme Court in AT&T Mobility … Continue Reading

Supreme Court Vacates $7.7 Million Wage and Hour Judgment in Light of Dukes

By Greg Mersol on October 4, 2011 Posted in FLSA, Wage and Hour

Want to read tea leaves? One of the questions arising immediately in the wake of the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __, 131 S. Ct. 2541 (2011), was whether its holdings would apply to cases under the FLSA. Defendants can point to much of the Dukes Court’s language, but plaintiffs, and some courts, … Continue Reading

When Does “Silence” Become “Implicit” Agreement? The Saga of Jock v. Sterling Jewelers, Inc.

By John Lewis on July 11, 2011 Posted in Arbitration, Discrimination, Retail

A recent Second Circuit decision has renewed the debate over when silence in an arbitration agreement can form the basis for class proceeding. On July 1, a divided Second Circuit found that an arbitrator did not exceed her authority in ruling that an employment arbitration agreement that did not specifically address class proceedings “permitted the … Continue Reading