Searching Content indexed under Employment Litigation/ Tribunals by Julia Riechert ordered by Published Date Descending.
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California Court Rejects "ABC" Test For Joint Employers
The Dynamex decision established a three-factor "ABC" test that, on its face, places the entire burden of showing that a worker is not an employee squarely upon the hiring party.
United States
20 Jun 2018
California: Making Arbitration Great Again
The Supreme Court was not persuaded and upheld the arbitration agreement.
United States
26 Aug 2016
Swinging For The Fences: Minor Leaguers Continue Suit Alleging They Were Paid Peanuts By The MLB
Baseball season is well underway as fans fill themselves up on hot dogs and beers, don their rally caps for some late-inning luck, and cheer for their favorite players.
United States
11 Jun 2015
A Win For Employers: Court Denies Class Certification Of Rest Break Claim Where Plaintiff Alleged Employer Did Not Have A Rest Break Policy
A recent federal district court decision denying a motion for class certification of wage-and-hour claims reflects continuing disagreement among courts in California regarding the suitability for class treatment...
United States
30 Apr 2015
Prognosis Negative: You’re Not Immune To Company Policy Under California Leave Law
In Richey v. Autonation, Inc., the California Supreme Court reinstated an arbitration award against the plaintiff and confirmed that employers retain the right to terminate employees who violate company policy...
United States
16 Feb 2015
Franchisors Beware: NLRB Seeking To Super-Size Joint Employer Liability
The National Labor Relations Board’s General Counsel’s Office has again signaled its commitment to expanding the scope of the current test for joint employment.
United States
9 Jan 2015
The Supreme Court Hears Oral Argument in Busk: Could Employers Have To Pay For Employee Time Spent Passing Through Security?
On October 8, 2014, the U.S. Supreme Court heard oral argument in Integrity Staffing Solutions, Inc. v. Busk. In Busk, plaintiffs allege that, under the FLSA, their employer should have compensated them and other warehouse employees for time spent passing through the employer’s security clearance at the end of their shifts, including their time spent waiting in line to be searched
United States
23 Nov 2014
Get Paid For Getting Dressed? Supreme Court Clarifies "Changing Clothes" Under The FLSA
Updating a case we discussed last month, in Sandifer v. United States Steel Corp., No. 12-417, the United States Supreme Court last week clarified the scope of Section 203(o) of the FLSA concerning which donning and doffing activities employers and employees can bargain to exclude from compensable time in collective bargaining agreements.
United States
11 Feb 2014
If You Fire Me Without Cause, Can I Ignore My Non-Compete And Steal Your Clients?
In the decades since Post v. Merrill Lynch, Pierce, Fenner & Smith, 48 N.Y.2d 84 (1979), in which the New York Court of Appeals concluded it would be unreasonable to enforce a non-competition agreement requiring forfeiture of compensation against an employee terminated without cause, New York courts have struggled with articulating a clear rule as to whether an employee's post-employment restrictive covenants are enforceable upon a termination without cause and, if so, when.
United States
18 Dec 2013
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