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HTMLNew California Employment Laws Impose Additional Responsibilities On Employers
Marcia E. Goodman, Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka, John Zaimes; Mayer Brown LLP;
Legal Alert/Article
December 2, 2014, previously published on October 31, 2014
Development: California Governor Jerry Brown has signed a series of bills aimed at increasing protections for California workers. Most notable are the implementation of a paid sick leave requirement in California and a new law that imposes statutory joint employer liability on companies that use...

 

HTMLCalifornia Court of Appeal Holds That A Parent Holding Company May Be Liable for the Unlawful Wage and Hour Practices of a Subsidiary
Marcia E. Goodman, Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka, John Zaimes; Mayer Brown LLP;
Legal Alert/Article
December 2, 2014, previously published on October 31, 2014
Decision: In Castaneda v. The Ensign Group, the California Court of Appeal issued a published decision holding that a corporate parent that has no employees can be found liable for its subsidiary’s nonpayment of overtime and minimum wages to employees if the parent wholly owns the subsidiary...

 

HTMLCalifornia District Court Reaffirms that Collective Bargaining Agreements Define When Overtime Begins
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
August 30, 2014, previously published on August 21, 2014
Decision: In Kilbourne v. Coca-Cola Company, the US District Court for the Southern District of California granted partial summary judgment in favor of Coca-Cola in connection with a former employee’s overtime claims. The court held that, although California Labor Code Section 510 sets forth...

 

HTMLCalifornia Supreme Court Ups the Ante for Employers to Meet the Commissioned Employee Exemption
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
August 30, 2014, previously published on August 21, 2014
Decision: The California Supreme Court recently issued a unanimous decision in Peabody v. Time Warner Cable, Inc., clarifying several issues regarding employer commission plans. Under Time Warner’s commission plan, employees had to meet three specified conditions to “earn” their...

 

HTMLCalifornia Supreme Court Rejects Sampling Method for Determining Liability in Class Actions
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
June 30, 2014, previously published on June 24, 2014
Decision: In Duran v. U.S. Bank N.A., the plaintiffs sought to represent a class of loan officers who contended that they were improperly classified as exempt employees under the “outside salesperson” exemption to California’s overtime wage payment law, which applies to employees...

 

HTMLDelegation Clause Directing an Arbitrator to Decide Enforceability of an Arbitration Agreement Enforceable in California
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
June 30, 2014, previously published on June 24, 2014
Decision: In Tiri v. Lucky Chances, Inc., the defendant-employer filed a motion to compel arbitration of its former employee’s wrongful discharge action. The parties had entered into a written arbitration agreement that contained an explicit agreement to delegate to the arbitrator any...

 

HTMLSixth Circuit Excludes EEOC’s Unreliable Disparate Impact Expert
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
June 3, 2014, previously published on May 30, 2014
Decision: The US Court of Appeals for the Sixth Circuit in EEOC v. Kaplan Higher Education Corp. reinforced the Federal Rules of Evidence requirement that each part of a proposed expert’s methodology be reliable in order for the expert’s testimony to be admissible.

 

HTMLClass of 30,000 Costco Workers Decertified in California Because Individualized Inquiries Predominate
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
June 3, 2014, previously published on May 30, 2014
Decision: In Stiller v. Costco Wholesale Corp., the Southern District of California decertified a statewide class of approximately 30,000 employees who were allegedly required to remain inside Costco warehouses at the end of their shifts without pay while lockdown procedures were completed. The...

 

HTMLEmployers May Seek a Second Opinion Regarding an Employee’s Post-FMLA Fitness to Return to Work Duties Even After Reinstating the Employee
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
June 3, 2014, previously published on May 30, 2014
Decision: In White v. City of Los Angeles, a former district attorney investigator took a medical leave of absence under the Family Medical Leave Act (FMLA). Prior to her FMLA leave, the investigator had behaved “erratically.” Upon returning from leave, she was advised that she would be...

 

HTMLEEOC May Proceed with Its ADA Challenge to UPS’s 100-Percent Healed Policy
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
March 25, 2014, previously published on March 24, 2014
Decision: The EEOC successfully defeated a motion by United Parcel Service (UPS) to dismiss the EEOC’s second amended complaint challenging UPS’s policy of discharging employees who cannot return to work after 12 months of leave. The EEOC alleged that UPS's policy violated the Americans...

 


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