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
Continue Reading Employer Wins Battle Over Suitable Seating (For Now)
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
Continue Reading CALIFORNIA COURT OF APPEAL UPHOLDS CLASS ACTION WAIVERS
'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
Continue Reading 'TIS THE SEASON FOR UNPAID INTERNSHIPS (OR NOT)
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
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
Continue Reading Long-Awaited Brinker Decision A Relief For Employers
Brinker Decision Further Delayed Further
Brinker – The Wait Continues As Cal Supreme Court Considers "Rolling 5" Issue
We’ve been waiting (forever it seems) for the California Supreme Court to issue its decision in Brinker Restaurant Corp. v. Superior Court. Based on oral argument last month
Continue Reading Brinker – The Wait Continues As Cal Supreme Court Considers "Rolling 5" Issue
WalMart Stores, Inc. v. Dukes: A Different Spin
So much has already been written about WalMart Stores, Inc. v. Dukes (pdf), but since this is my first blog entry and this is such a seminal gender discrimination case,
Continue Reading WalMart Stores, Inc. v. Dukes: A Different Spin
Supreme Court Decides Dukes v. Wal-Mart
The Supreme Court announced today its decision in Dukes v. Wal-Mart (pdf). We wrote about this case in April 2010 (when the 9th Circuit allowed the case to go forward) and