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Your search for ‘LEWIS, BRISBOIS, BISGAARD & SMITH LLP’ returned 2,519 results

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  • Article

    California Court Of Appeal Determines Employee's Imprecise Evidence Can Result In Liability When Employer Fails To Keep Accurate Time Records

    Los Angeles, Calif. (March 22, 2019) – In Furry v. East Bay Publishing, the California Court of Appeal reversed a trial court's decision denying a plaintiff relief for overtime and meal break claims
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    California Supreme Court: Employers Must Pay For Time Spent During Bag Searches

    California employers, particularly those in the retail industry, routinely implement security screenings of employees exiting the premises to limit the risk of employee theft.
    United StatesEmployment and HR
Lewis Brisbois Bisgaard & Smith LLP
Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Can I Arbitrate Private Attorneys General Act Claims In California?

    A common question California employers have is whether they can arbitrate wage and hour claims brought under the Private Attorneys General Act – commonly known as PAGA – in California.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Colorado Joins The Growing Number Of States That ‘Ban The Box'

    On April 12, 2019, Colorado's House Bill 1025 – known as the "Ban the Box" law – cleared the state legislature and moved to the governor's desk for final signature.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Colorado Supreme Court Rules Judge-Made Economic Loss Rule Does Not Bar Recovery For Concurrent Civil Theft, Breach Of Contract Claims

    Colorado Supreme Court recently issued an important ruling to address whether litigants may pursue a civil theft claim (including theft or unauthorized use of trade secrets) where such acts also constitute a breach of contract.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    DOL Announces Final Rule On Standard For Employees Vs. Independent Contractors Under FLSA

    The US Department of Labor (DOL) announced this morning, January 6, its final rule clarifying the standard for employee versus independent contractor under the Fair Labor Standards Act (FLSA).
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    DOL Gives Restaurant Employers A Huge Tip In Recent Opinion Letters

    Restaurants and other hospitality industries received some good news on Thursday, November 8, 2018.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    EEOC Issues Guidance Regarding Discrimination Based On Sexual Orientation And Gender Identity

    In reaction to the United States Supreme Court's decision in Bostock v. Clayton County, which held that the prohibition against sex discrimination in Title VII of the Civil Rights Act of 1964...
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Eighth Circ. Finds Financial Conflict Of Interest Not Always Sufficient To Constitute Breach Of ERISA Fiduciary Duty Of Loyalty

    if any, between the amount it promised to credit participants and the amount its investments under the PFIO actually yielded.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Five Tips For Using Independent Contractors In California

    In Dynamex Operations West, Inc. v. Superior Court of Los Angeles, (2018) 4 Cal.5th 903, the California Supreme Court adopted the ABC Test for determining whether certain workers should...
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Florida Governor Approves Bill With New Limitations On Viewpoints, Concepts Employers May Present In Required Instruction

    On Friday, April 22, 2022, Florida Governor Ron DeSantis signed House Bill 7 – known as the "Stop WOKE Act" – into law.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Florida Supreme Court Holds That Private Whistleblowers Must Allege And Prove An Actual Violation Of Law By Their Employers

    The Florida Supreme Court has resolved a decade-long split among appellate courts regarding the burden of proof for private whistleblower claims, establishing that employees must demonstrate an actual violation of law rather than merely a good faith belief in wrongdoing. This landmark decision clarifies the distinction between protections afforded to public versus private sector whistleblowers and provides uniform guidance for employers defending against retaliation claims.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Governor Brown Signs Bill Affording California Employers With Limited Relief From PAGA Penalties For Certain Hyper-Technical Wage Statement Violations

    Failing to comply with Labor Code section 226, even small hyper-technical violations, can result in significant monetary penalties under both Labor Code section 226 and the Private Attorneys General Act ("PAGA").
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    In Colorado, Employers May Assert Concurrent Claims For Civil Theft & Breach Of Contract Against Employees

    The Colorado Supreme Court recently resolved a philosophical split within the lower courts as to whether claimants are barred from pursuing both civil theft and breach of contract claims in the same litigation, and answered in the negative.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Ninth Circuit CAFA Decision Places Greater Jurisdictional Burden On Employers

    A recent decision issued by the U.S. Court of Appeals for the Ninth Circuit makes it harder for employer defendants to remove class actions to federal ...
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Ninth Circuit Holds Mortgage Underwriters Not Exempt Under The Administrative Exemption

    On July 5, 2017, the Ninth Circuit, on appeal from the Eastern District of California, issued a ruling reversing the district court's grant of summary judgment in favor of a defendant Bank...
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Ninth Circuit Holds Prior Salary Alone Or In Combination With Other Factors Cannot Justify Gender Pay Gaps Under The Equal Pay Act

    Notably, the school district offered its employees a 5% increase from their most recent prior salary as starting salaries.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Not So Fast: Uber And Postmates' Request For Preliminary Injunction To Block California's New Independent Contractor Law Is Denied

    On February 10, 2020, the Central District of California denied a request for preliminary injunction filed by Uber and Postmates to block enforcement of California Assembly Bill 5 (AB 5).
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    San Antonio's Paid Sick Leave Delayed - Is Relief On The Way For Dallas Employers?

    Currently, the Austin ordinance is stayed pending an appeal to the Texas Supreme Court.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Seventh Circuit Expands ADA's Reach To Work Commute

    The U.S. Court of Appeals for the Seventh Circuit, which covers Wisconsin, Illinois, and Indiana, recently held that employers may be required to provide accommodations under the Americans with Disabilities Act...
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
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