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  • Article

    Caregiver May Not Have Been Independent Contractor Under DWBR

    Nichelle Duffey sued Tender Heart Home Care Agency for employment-related wage and hour claims such as unpaid overtime under the California Domestic Worker Bill of Rights ...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Church Affiliate Is Exempt From FEHA Liability, But Liable For $1.9 Million On Other Theories

    Jeremiah Mathews worked as a maintenance supervisor and cook for Happy Valley Conference Center, which is a subordinate affiliate of Community of Christ.
    United StatesEmployment and HR
    Proskauer Rose LLP
Proskauer Rose LLP
  • Article

    Court Affirms Jury Verdict Finding Safeway Manager Was Exempt From Overtime

    Safeway Wage & Hour Cases, 2019 WL 6954322 (Cal. Ct. App. 2019)
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Court Enters Summary Judgment In Favor Of DOL In Home Care Rule Challenge

    The plaintiffs await a decision from the United States Supreme Court on whether it will review the D.C. Circuit's decision.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Court Provides Further Clarification Of CA's New Independent Contractor Test

    The panel explained that because the wage orders regulate basic working conditions, they warrant the broadest definition of employment to the widest group of workers.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Court Upholds Use Of Class Member Contact Info To Solicit Clients

    After a former Best Buy employee filed a putative class action alleging misclassification of store managers as exempt, his attorney collected contact information for all putative class members...
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Video

    Decoding Appeals: Clerks' Perspectives, Part 2 (Video)

    Welcome to Decoding Appeals, where Seyfarth's Appellate Team brings you insights and expertise from the front lines of the courtroom.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Decoding Appeals, Episode 2: Top Tips For Handling An Appeal

    Welcome to Decoding Appeals, where Seyfarth's Appellate Team brings to in-house counsel our insights and expertise from the front lines of the appellate courts.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Delinquent Contributing Employer May Be Fiduciary

    The Second Circuit held that the owner of a contributing employer to multiemployer benefit plans breached his fiduciary duties by failing to make required contributions and was thus personally liable for the delinquencies, interest, and attorneys’ fees.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Discriminatory Failure-To-Hire Claim Must Be Brought Under The FEHA

    Wilfert Williams sued the Sacramento River Cats Baseball Club under a common law tort action for allegedly failing to hire him as an assistant visitor clubhouse manager because of his race.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Drive-Thru Windows Alleged Inaccessible In Violation Of ADA

    This is the second such lawsuit against a restaurant franchise filed in the same court.
    United StatesEmployment and HR
    Holland & Knight
    Holland & Knight
  • Article

    Eighth Circuit Holds Service Provider Is Not A Plan Fiduciary In Excessive Fee Case

    Continuing a trend in other Circuits, the Eighth Circuit held that a service provider that was contracted to provide the 401(k) plan's investment options does not act as an ERISA fiduciary...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employee Could Proceed With Whistleblower Lawsuit Based On Employer’s Mistaken Belief She Had Complained

    Cecilia Diego sued her former employer for retaliation in violation of public policy that resulted from the director's mistaken belief that Diego had lodged a complaint with the California Department of Social Services...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employer Cannot Waive Unconscionable Portions Of Arbitration Agreement

    The arbitration agreement in Capili contained several substantially unconscionable provisions—including a forum selection clause that designated Indiana as the forum for disputes for California employees...
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Employer May Have Feha Liability If It Exercised Direction/Control Over Temp Worker

    Elvia Velasco Jimenez asserted claims under the FEHA against her "contracting employer," a manufacturing company named U.S. Continental Marketing Inc. ("USCM")
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employer Ordered To Pay Whistleblower $100,000 Punitive Damages

    In this case, the whistleblower had contacted OSHA in 2012 to complain about workplace safety issues.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Employers Win: Lower Burden Of Proof Required To Prove FLSA Exempt Status

    In E.M.D. Sales, Inc. v. Cabrera, the Supreme Court unanimously held that a preponderance of the evidence standard applies when an employer must demonstrate...
    United StatesEmployment and HR
    Liskow
    Liskow
  • Article

    Employment Law Legends, Episode 5: Keeping The Sabbath: Trans World Airlines, Inc. v. Hardison

    In the fifth episode of the Employment Law Legends podcast series, Paul Rinnan examines the legal battle surrounding...
    United StatesEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    Every Contract Is A Litigation Waiting To Happen

    Counsel Sarah Bell will be speaking at the NYC Bar Association's CLE program titled "Every Contract is a Litigation Waiting to Happen."
    United StatesEmployment and HR
    Pryor Cashman LLP
    Pryor Cashman LLP
  • Article

    Expense Reimbursement Claims Are Covered By Employment Practices Insurance

    Lloyds of London provided the employer in this case with an employment practices liability insurance ("EPLI") policy, which contained an exclusion relating to "wage and hour or overtime law(s)."
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Showing 901–920 of 34884 results

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