February 3, 2017
ERISA, Labor & Employment Law, Dispute Resolution & Arbitration (United States First Circuit) - In a dispute between employees and their successor employer, both of whom agreed to arbitrate, the district court's refusal to compel arbitration because it found that ERISA preempted arbitration of this dispute, which presented an issue of arbitrability properly decided by a judge, is reversed where the issue of ERISA preemption in this case is not an issue of arbitrability, but rather one that is squarely for the arbitrator to decide.
February 3, 2017
Civil Rights, Labor & Employment Law (United States Ninth Circuit) - In an employment action alleging gender discrimination claims under Title VII and the Idaho Human Rights Act, a claim under the Consolidated Omnibus Budget Reconciliation Act, and wage claims under the Fair Labor Standards Act and the Idaho Wage Claim Act, the district court's grant of summary judgment to employer-defendant is reversed where: 1) as to the gender discrimination claims, plaintiff presented sufficient evidence that defendant's proffered reasons for terminating her were pretextual because she offered ample direct evidence of discriminatory animus, as well as specific and substantial indirect evidence challenging the credibility of defendant's motives; 2) as to the COBRA claim, there was a genuine dispute of fact regarding the true reason for the plaintiff's termination; and 3) summary judgment was improper on the state and federal wage claims.
February 3, 2017
Labor & Employment Law, Class Actions, Dispute Resolution & Arbitration (United States Ninth Circuit) - In an employment class action, the district court's order denying defendants' motion to stay proceedings, compel arbitration of claims arising out of the plaintiff's employment, and dismiss class and representative claims, is reversed where: 1) although the Incentive Bonus Agreement was an adhesion contract, it was not procedurally or substantively unconscionable under California law; and 2) the dispute resolution provision was valid and enforceable once the judicial carve-out was extirpated and the waiver of representative claims was limited to non-PAGA claims.
February 2, 2017
Civil Rights, Labor & Employment Law (United States Second Circuit) - In an employment action claiming violations of various state and federal statutes by not allowing plaintiff to work remotely when she became pregnant, the district court's judgment in favor of defendant is: 1) vacated in part as to the adoption of the jury verdict where the district court abused its discretion in admitting evidence of the reinstatement offer because the offer was, as a matter of law, not unconditional; and 2) vacated as to the disqualification order where the district court erred in sua sponte disqualifying the attorneys, because the disqualification depended on the erroneous admission of evidence relating to the reinstatement offer. The appeal is dismissed insofar as it pertains to claims under the Human Rights Law (NYSHRL) where we lack jurisdiction over appellant’s challenge to the district court’s NYSHRL ruling.
February 1, 2017
Labor & Employment Law, Sanctions (California Court of Appeal) - In an employment appeal brought by plaintiff challenging the trial court's order sanctioning her and finding her in contempt for disobeying a court order by refusing to attend a deposition noticed by defendant and engaging in other discovery violations related to her deposition, the orders of contempt and sanctions are reversed where there was no prior court order which plaintiff disobeyed and no determination as to whether plaintiff had a substantial justification for not attending her deposition or whether she had a valid objection to the various deposition notices served by defendant.
February 1, 2017
Labor & Employment Law, Government Law (California Court of Appeal) - In a petition for extraordinary relief from a decision of the Public Employment Relations Board (PERB) which concluded the Orange County Water District committed an unfair practice, in violation of Government Code section 3502.5, when it refused to consent to an election petitioned for by the recognized employee organization seeking to implement a so-called modified agency shop, the petition is denied where section 3502.5 authorizes the proposed modified agency shop.
Casey C. Sullivan, Esq. February 3, 2017 It's not unusual for employees who are fired to walk out the door with a bit of resentment. Even those who quit might leave on poor terms. But with the rise of social media, the anger of an ex-employee...
William Vogeler, Esq. January 31, 2017 As a trial winds down on a lawyer's whistleblower case for $8 million against his former employer in San Francisco, a federal judge has already decided a significant issue for in-house counsel on the attorney-client privilege. U.S. District Court...
William Vogeler, Esq. January 26, 2017 Hang on to your I-9's; you're gonna need them. If you don't know what Form I-9 is, then perhaps you haven't worked for an American company in a few decades. The U.S. government has required workers and employers to...
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