As part of the Senate’s recent compromise on filibusters, Republicans and Democrats agreed to give an up or down vote on a full slate of members for the National Labor…
Read More ›The goals of the Affordable Care Act are lofty, but the implementation of them has proven difficult. Which is why President Obama announced that the so-called “shared responsibility” obligations under…
Read More ›In California, a plaintiff alleging retaliation can survive summary judgment, or prevail at trial, simply by showing that her protected activity was a “substantial motivating factor” in her adverse employment…
Read More ›It certainly was not the biggest news out of the U.S. Supreme Court this week, but the Court agreed to resolve a split among the Circuit Courts involving the legality…
Read More ›No surprise here. The United States Supreme Court continued on a consistent path and found that a waiver for class actions in an arbitration agreement was enforceable. In American Express…
Read More ›The United States Supreme Court issued its 7-1 decision in Fisher vs. University of Texas at Austin today. Justice Kennedy delivered the opinion of the Court, Justice Ginsburg dissented, Justice…
Read More ›In case you slept late this morning, you missed a flurry of activity in the world of employment law. The U.S. Supreme Court issued a trio of decisions which affect…
Read More ›Recently, the U.S. Court of Appeals for the Seventh Circuit, in a decision authored by Judge Richard Posner, Teed v. Thomas & Betts Power Solutions, L.L.C., held that federal common…
Read More ›The U.S. Supreme Court’s decision on June 10, 2013 strongly suggests that employers should ensure that their arbitration agreements contain express language that excludes the arbitration of class action claims…
Read More ›A recently published appellate decision ordering class certification in a wage/hour class action, Bluford v. Safeway Stores, Inc. has multiple teaching points, some predictable and some unexpected. Bluford predictably requires…
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