The California Supreme Court handed down a decision on June 30, 2011, which is viewed by many as hurting business travel to California. The Court, in Sullivan v. Oracle, unanimously decided that non-resident employees working in California are entitled to overtime payment pursuant to California law. The Court also gave out-of-state employees four years to sue their employer, holding that overtime work performed by out-of-state employees within California can serve as the basis for a claim under California’s unfair competition law (“UCL”). (Cal. Bus. & Prof. Code § 17200.)
Alden Parker
LAW ALERT: Where Can You Go To Shop And Find Groceries, Clothes, Electronics, And Supreme Court Class Action Victories That Help Employers Nationwide? Wal-Mart!!!
By Alden Parker on
Posted in Discrimination
Today, the United States Supreme Court ruled in favor of Wal-Mart in its monumental sex discrimination lawsuit brought on behalf of all female employees. The court ruled unanimously that the lawsuit against Wal-Mart Stores Inc. cannot proceed as a class action, reversing a decision by the 9th U.S. Circuit Court of Appeals in San Francisco. The lawsuit could have involved up to 1.6 million women, with Wal-Mart facing potentially billions of dollars in damages. The decision is a victory for many employers snared in the net of class action litigation by employees who are attempting to support their cases by flimsy evidence.…
Mandatory Medicare Reporting Requirements – How Will They Impact The Settlement of Employment-Related Claims
By Alden Parker on
Posted in New Legislation and Regulations
On January 1, 2011, certain employers and insurers began being required to report settlements, judgments or awards, where medical expenses were paid to a Medicare-eligible claimant. As a result many employers and insurers are left wondering how this will affect settlements of employment related litigation cases. Below are some brief answers to some of the questions raised by these new reporting requirements.
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LAW ALERT: California Supreme Court Needs To Give It A “Rest”: Review Granted in Hernandez v. Chipotle
By Alden Parker on
Posted in Wage & Hour
On January 26, 2011, the California Supreme Court granted review in Hernandez v. Chipotle Mexican Grill, Inc. (October 28, 2010) — Cal.App.4th —, 2010 WL 4244583. The Court granted review pending its decision in Brinker v. Superior Court (Hohnbaum). In Hernandez, previously addressed by this blog, the Court of Appeal affirmed a trial court …
New Year: Same Old Anti-Employer Ideas
By Alden Parker on
Posted in New Legislation and Regulations
A new year with the California legislature has just begun. Is the budget on the top of legislator’s mind? Is their first priority creating an environment conducive to putting out of work Californian’s back to work? Unfortunately, the answer to both these questions is a resounding NO. Instead, legislators are focused on allowing people to come to work after smoking pot.
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