Your search returned 98 results.

Insight
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September 20, 2019

California Supreme Court Rules that the “Underpaid Wages” Component of Labor Code Section 558 is Not a Civil Penalty under PAGA

The California Supreme Court recently held that unpaid wages are not civil penalties under California Labor Code section 558 and are therefore outside the reach of California’s Private Attorneys General Act (PAGA).

Insight
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August 26, 2019

Striking Down Decades-Old Precedent, Ninth Circuit Rules That ERISA Breach of Fiduciary Duty Claims May Be Arbitrated

On August 20, 2019, a three-judge panel of the Ninth Circuit issued an opinion permitting arbitration of a breach of fiduciary duty claim filed under the Employee Retirement Income Security Act.

Insight
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July 1, 2019

What Employment Issues did the Supreme Court Address this Term, and What’s in Store for 2019-2020?

This article provides a brief overview of the significant employment cases decided this Supreme Court term and provides a preview of the issues on the Court’s 2019-2020 docket.

Insight
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May 8, 2019

Ruling Raises Important Considerations for Independent Contractor Background Screening

A federal court’s recent decision demonstrates the value in reviewing all documents related to the independent contractor background screening process to attempt to solidify potential defenses to expansive class-action claims.

ASAP
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April 25, 2019

Supreme Court Confirms Class Arbitration May Not Proceed Unless Expressly Permitted by the Arbitration Agreement

On April 24, 2019, the U.S. Supreme Court held that even if an arbitration agreement is ambiguous as to whether classwide arbitration is permitted, that is insufficient to find that the parties consented to class arbitration.

ASAP
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April 16, 2019

Massachusetts Supreme Judicial Court Clarifies Class Action Standards for Wage and Hour Cases

The Massachusetts Supreme Judicial Court recently discussed class certification in state court wage and hour cases, endorsing the same civil procedure rules in that context as is applicable to other class actions.

Insight
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February 26, 2019

Fifth Circuit Holds District Courts in FLSA Actions May Not Send Notice to Employees with Valid Arbitration Agreements that Prohibit Participation in a Collective Action

The Fifth Circuit Court of Appeals has issued one of the most significant FLSA appellate decisions in recent years.

ASAP
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January 22, 2019

Third Circuit Reverses Class Certification of Unpaid Overtime Claims in Off-The-Clock Lawsuit

The Third Circuit overturned a U.S. district court’s decision certifying a class of mortgage loan officers, who claimed they were unlawfully denied overtime pay for work performed off-the-clock. The decision is significant for three reasons.

Insight
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December 11, 2018

NY Federal Court Significantly Limits Scope of Equal Pay Case

What is required to obtain class treatment in a Title VII discrimination case? A recent decision has laid out a structure for analyzing commonality in putative class actions involving manager discretion over pay and promotions.

Insight
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September 10, 2018

Eighth Circuit Holds Individual Plaintiff Lacks Standing for Alleged Violations of the FCRA’s Authorization and Disclosure Requirement

On September 6, 2018, the 8th Circuit held that an individual plaintiff did not have constitutional standing to sue in federal court under the FCRA for an alleged violation of the statute's authorization and disclosure requirement.

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