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).
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.
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.
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.
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.
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.
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.
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.
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.
