We’ve discussed before how phishing scams target employers. A new scam focuses on defendants who have settled class-action claims. The scammers send wire transfer instructions that appear to come from reputable class-action claims administrators. If the defendant wires the funds though, it eventually discovers that it is the victim of a spear phishing attack
Class Actions
Judicial Hostility to Employment Arbitration Flares up in 9th Circuit
When you draft employment arbitration agreements, it’s not enough to know what the law is. You should also know what the law will be at the time that someone challenges the agreement. Since this area of law changes continuously, that’s pretty hard to do without a crystal ball.
For a while, some courts in California…
Ten Commandments for Avoiding Employment Lawsuits in California
From the employer’s perspective, the only way to truly “win” an employment case is to avoid it in the first place. We litigators love the thrill of gettting a judge, arbitrator, or jury to decide in our client’s favor. But it can be awfully expensive to get to that point. So without further ado,…
The Future of Class Action Waivers in California Employment Cases to be Decided This Summer
On April 3, 2014, the California Supreme Court heard oral argument in front of a packed courtroom in Iskanian v. CLS Transportation, a case involving the enforceability of class/representative action waivers in employment arbitration agreements under California law. This is a very important decision for employers in California, and one that is very close…
Employer Wins Battle Over Suitable Seating (For Now)
Kmart won a trial this week in federal court over claims that it failed to provide seats for its cashiers. Still, there’s no reason to think that this issue is going away.
As we’ve noted before, California’s Wage Orders require that "all working employees shall be provided with suitable seats when the nature of…
CALIFORNIA COURT OF APPEAL UPHOLDS CLASS ACTION WAIVERS
This week brought some good news for employers seeking to enforce class and representative action waivers in arbitration agreements in California. In Iskanian v. CLS Transportation [pdf], the Court of Appeal applied the recent holding of the United States Supreme Court in AT&T Mobility v. Concepcion and upheld the dismissal of a pending…
'TIS THE SEASON FOR UNPAID INTERNSHIPS (OR NOT)
It is starting to feel like summer, with graduation dates on the calendar, long daylight hours, and plenty of high school and college students and recent graduates looking for resume-building work experiences. However, before you bring on any unpaid interns this summer – beware. There has been a recent flurry of lawsuits by interns claiming…
A View Of The Post-Brinker Landscape
In the few weeks since the decision in Brinker v. Superior Court, two court decisions that we know of have invoked the elements of Brinker in their discussions. In the first case, the court in Schulz v. Qualxserve, LLC granted class certification to a group of field technicians who service and repair computers and are paid on a piece-rate…
A Verb A Verb, My Kingdom For A Verb
When all is said and done, the Brinker issue comes down to a missing verb.…
Continue Reading A Verb A Verb, My Kingdom For A Verb
Long-Awaited Brinker Decision A Relief For Employers
After more than three years and two rounds of briefing, the California Supreme Court has issued its long-awaited decision in Brinker Restaurant Corp. v. Superior Court. Overall, the decision is a significant win for employers. Here are the key points in the unanimous decision that the Court issued today:
- Employers do not have to
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