Searching Content by David Kadue from Seyfarth Shaw LLP ordered by Published Date Descending.
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California Invalidates Wage Arbitration Agreement, Inviting U.S. Supreme Court Review
Seyfarth Synopsis: The California Supreme Court invalidated an employment arbitration agreement on August 29, 2019. At issue in OTO, LLC v. Kho was an agreement to arbitrate employment claims
United States
5 Sep 2019
California Supreme Court Rejects Conversion Claim For Unpaid Wages
In Voris v. Lampert, the California Supreme Court held that unpaid wages cannot be recovered through a tort claim for conversion.
United States
28 Aug 2019
Employees Who Won't Get On Board With ArbitrationóCan Employers Rock The Boat?
Everything was smooth sailing with your latest greatest arbitration agreement, but then an employee refused to get on board.
United States
21 May 2019
Is "Calling It In" Really "Reporting For Work"?
Traditionally, "report for work" has meant physically showing up at the jobsite, ready to work.
United States
18 Feb 2019
Employer Wins A Round In Wage Case
Seyfarth Synopsis: In Donohue v. AMN Services, LLC, a class action alleging unpaid wages, the California Court of Appeal affirmed a summary judgment for the employer, upholding a rounding policy
United States
21 Dec 2018
Provisions Limiting Relief And Requiring Strict Confidentiality Doom Arbitration Agreement
Constance Ramos, a former partner of the Winston & Strawn law firm, sued Winston under California statutes addressing discrimination, retaliation, wrongful termination, and unfair pay.
United States
15 Nov 2018
Certified Tire: Not Your Average Compensation System
Seyfarth Synopsis: The California Court of Appeal has upheld the validity of pay plans that guarantee a wage that meets or exceeds the minimum wage ...
United States
12 Oct 2018
Uber Epic: Arbitration Agreement Topples Class Claims
Seyfarth Synopsis: The Ninth Circuit, following the Supreme Court's 2018 decision in Epic Systems Corp. v. Lewis
United States
4 Oct 2018
Unlikely Ally: Employer Makes A Meal Out Of CBA Waiver
The Court of Appeal has sensibly applied that standard in upholding a CBA's waiver of a first meal period for shifts not exceeding six hours.
United States
23 Aug 2018
Is California's Latest Assault On Arbitration Constitutional?
Seyfarth Synopsis. Pending California legislation would make a mandatory arbitration agreement an unlawful practice under the Fair Employment and Housing Act, and a crime.
United States
13 Aug 2018
Termination Pay Penalties: Easy To Incur, Impossible To Reduce?
Employers must pay "waiting time" penalties for willfully failing to timely pay wages due upon termination.
United States
31 May 2018
Silver Lining In A California Wage And Hour Cloud
Employers adopting an Alternative Workweek Schedule (AWS) must follow the specific rules in the applicable wage order or face liability for unpaid overtime.
United States
18 May 2018
California Supremes Prescribe "ABC" Test For Independent Contractor Status
On April 30, 2018, the California Supreme Court issued a long-awaited opinion in which it considered which test should be used to decide whether a worker asserting claims...
United States
4 May 2018
High Court Applies "ABC" Test When Assessing Independent Contractor Status
The California Supreme Court, in Dynamex Operations v. Superior Court, held that "engage, suffer or permit to work" determines employee status for Wage Order claims.
United States
3 May 2018
Staffing Agency Class Settlement Bars Subsequent Case Against Agency's Client
Based on the legal principle of res judicata, a prior class action settlement that released a staffing agency and its agents barred a subsequent class action against the staffing agency's client.
United States
24 Apr 2018
Failure To Investigate And Fat-Shaming Permit Employment Claims To Proceed
Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal's decision ...
United States
4 Jan 2018
Not Up In Smoke: Employers Can Still Enforce Drug Policies
California employers can still enforce their drug-free workplace policies and discharge employees who test positive for marijuana, despite the recreational marijuana laws that go into effect in January 2018.
United States
27 Dec 2017
Paltry Prerequisites For PAGA Penalty Paystub Plaintiffs
California employees who are denied adequate wage statements ("paystubs") can sue for penalties.
United States
6 Oct 2017
"Coercive" And "Disturbing" Arbitration Agreement Upheld Over Labor Commissioner's Protest
In OTO, LLC v. Kho, the California Labor Commissioner challenged a car dealership's mandatory arbitration agreement.
United States
31 Aug 2017
When Is A Civil Penalty Not A Civil Penalty?
Plaintiffs cannot circumvent arbitration agreements by characterizing claims for statutory damages as claims for civil penalties.
United States
17 Aug 2017
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