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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...

 

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...

 

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...

 

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.

 

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...

 

HTMLUS Supreme Court Extends Sarbanes-Oxley Act Whistleblower Protection to Employees of a Public Company’s Private Contractors and Subcontractors
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
March 25, 2014, previously published on March 24, 2014
Decision: In Lawson v. FMR LLC, former employees of private companies that provide advisory and management services to mutual funds, sued under the Sarbanes-Oxley Act, alleging that their former employers retaliated against them for reporting improper business practices in the operation of the...

 

Adobe PDFWhen the Workplace and Private Lives Collide: The Risks Associated with Using Social Media to Make Employment Decisions
Marcia E. Goodman, Richard E. Nowak, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
March 14, 2014, previously published on March 12, 2014
Social media is playing an increasingly important role in how businesses operate as companies seek to leverage its broad reach and influence to increase brand awareness, to better understand market perception and to market their products or services to current and potential customers. In addition,...

 

Adobe PDFWhen the Workplace and Private Lives Collide: The Risks Associated with Using Social Media to Make Employment Decisions
Marcia E. Goodman, Richard E. Nowak, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
March 13, 2014, previously published on March 12, 2014
Social media is playing an increasingly important role in how businesses operate as companies seek to leverage its broad reach and influence to increase brand awareness, to better understand market perception and to market their products or services to current and potential customers. Additionally,...

 

HTMLSixth Circuit Finds That an Employee-Requested Transfer Can Be an Adverse Employment Action
Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
March 6, 2014, previously published on February 24, 2014
Decision: The Sixth Circuit Court of Appeals recently held that transferring an employee can constitute an adverse employment action, even if the transfer does not involve a demotion or pay decrease and regardless of whether the employee had requested the transfer, as long as the work environment...

 


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