Searching Content indexed under Employment Litigation/ Tribunals by Morgan Lewis ordered by Published Date Descending.
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California Supreme Court Holds That Employees Must Be Paid For Routinely Worked Minutes Off The Clock
Troester, an hourly shift supervisor, filed a class action alleging that certain nonexempt Starbucks employees were due unpaid wages for the store closing tasks they performed after clocking out.
United States
3 Aug 2018
California Supreme Court Rules on Overtime Rate Calculation For ‘Flat Sum' Bonus
The March 5 ruling, which will apply retroactively, establishes a method that will result in a much higher overtime rate than the federal method.
United States
13 Mar 2018
The SEC Opens A New Avenue Of Employment Litigation
As you have likely heard by now, the US Securities and Exchange Commission (SEC) has been targeting companies that require departing employees, as a condition to receiving severance benefits...
United States
18 Aug 2017
California Supreme Court: Statewide Employee Contact Info Generally Discoverable In PAGA Actions
California's Supreme Court holds that representative plaintiffs in PAGA actions brought in state court on behalf of California employees are generally entitled to discovery of statewide employee...
United States
27 Jul 2017
DOL Withdraws Independent Contractor And Joint Employer Guidance
The DOL's withdrawal of two Administrator's Interpretations likely is a harbinger of further changes to administrative agency enforcement posture under the new administration.
United States
20 Jun 2017
California Supreme Court Clarifies Labor Code's ‘Day Of Rest' Provisions
The California Supreme Court recently brought needed clarity to the California Labor Code's "day of rest" provisions (Sections 550-558.)
United States
18 May 2017
MA Supreme Court Reinforces Employer Obligations On Sexual Harassment
The court's decision to restore a $500,000 punitive damages award for failure to adequately address a sexual harassment complaint highlights employers' duty to investigate every allegation and take appropriate remedial action.
United States
21 Sep 2016
Ninth Circuit: Arbitration Agreements Cannot Require Employees To Individually Arbitrate Claims In Separate Proceedings
The Ninth Circuit is the latest court to consider the NLRB's position that class and collective action waivers violate the NLRA; here, the court ruled that an arbitration agreement that completely prevents employees from bringing legal claims together interferes with employees' substantive rights to engage in concerted activity.
United States
6 Sep 2016
NLRB Expands Temporary/Contingent Worker Organizing Rights
The Board's recent decision in Miller & Anderson is another significant consequence of Browning-Ferris and allows unions to form a single bargaining unit of "user" and "supplier" employees...
United States
22 Jul 2016
DOL Issues Interpretation To Expand Joint-Employer Liability
The position could expose more putative employers to potential liability under the Fair Labor Standards Act.
United States
25 Jan 2016
NLRB Vastly Expands Its Joint-Employer Standard
The Browning-Ferris decision overturns 30 years of precedent and opens up a wide variety of business relationships to allegations of joint-employer status, including staffing agencies, on-site contractors, outside suppliers, and franchise relationships.
United States
4 Sep 2015
NLRB Limits Confidentiality In Workplace Investigations
In an investigation involving union-represented employees, witnesses can no longer be assured that their statements will not be disclosed to the union.
United States
10 Jul 2015
Second Circuit Establishes New Test For Unpaid Intern Claims
The Second Circuit's ruling provides employers with greater leeway for unpaid internship programs and a stronger defense for class-action lawsuits brought by unpaid interns.
United States
8 Jul 2015
NJ Whistleblowers May Face Criminal Charges For Theft Of Company Documents
The Supreme Court of New Jersey affirms an employee's indictment for taking an employer's confidential documents without authorization, allegedly to support discrimination and retaliation claims.
United States
2 Jul 2015
Ordinary Contract Principles Govern Disputes About Collectively Bargained Retiree Medical Benefits
A Morgan Lewis team secured a major victory for employers when the U.S. Supreme Court, in M&G Polymers USA, LLC v. Tackett, unanimously rejected a decades-old precedent.
United States
6 Feb 2015
9-0 Supreme Court: Security Screening Time Not Compensable Under FLSA
The Court reversed the Ninth Circuit’s decision and found that waiting for and passing through security screening is neither employees’ principal activity nor integral and indispensable to their duties.
United States
19 Dec 2014
California Supreme Court Enforces Class Action Waivers In Employee Arbitration Agreements
However, the court found PAGA representative action waivers unenforceable; employers should consider practical implications with respect to arbitration agreements.
United States
8 Jul 2014
Supreme Court Rejects "Presumption Of Prudence" In ERISA Employer Stock Cases
The Court’s Dudenhoeffer decision also provides some guidance for scrutinizing such claims at the pleadings stage.
United States
8 Jul 2014
U.S. Supreme Court Issues Historic Noel Canning Decision
The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments.
United States
7 Jul 2014
California Supreme Court Rules On Class Waivers
The court holds that class action waivers in arbitration agreements are enforceable but PAGA waivers are not.
United States
3 Jul 2014
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