In a decision just two weeks after Valentine’s Day, the Ninth U.S. Circuit Court of Appeals (“Ninth Circuit”) has ruled that hugs and kisses may decrease, rather than increase, feelings of affection in the workplace. Specifically, the Ninth Circuit overturned a lower court decision dismissing a lawsuit filed by a county correctional officer who alleged… Continue Reading
Tag Archives: Ninth Circuit
Ninth Circuit Weighs In On Class Action Waivers
Posted in Employment Contracts and AgreementsA new decision from the U.S. Court of Appeals for the Ninth Circuit continues to leave employers uncertain as to the enforceability of class action waivers in arbitration agreements. The Seventh and Ninth Circuits are on one side of the issue, and the Second, Fifth, Eighth, and Eleventh Circuits on the other. The Seventh and… Continue Reading
Pull up a Chair: California Supreme Court Weighs in on Suitable Seating
Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and Regulations, Wage & HourTo sit or not to sit, that is the question. And now the California Supreme Court has given us an answer. Well, sort of. They have told us how to find the answer. Even that’s a stretch. Pull up a seat and I will explain. To help it resolve two class actions involving California Wage… Continue Reading
More ERISA Complications
Posted in Labor Law, New Legislation and Regulations, Wage & HourIn passing the Employee Retirement Security Act of 1974 (“ERISA”), Congress sought to make it as easy and economical as possible for employers to provide benefits to their workers; for example, pensions, health insurance, life insurance and long-term disability (LTD) insurance. However, because many of the statutes that govern benefit plans are so complicated, and… Continue Reading
VICTORY FOR EMPLOYERS…. The U.S. Supreme Court Holds that Employees are Not Entitled to Compensation for Time Spent Going through Employer’s Security Screening
Posted in Labor Law, Wage & HourThe United States Supreme Court issued its decision in Integrity Staffing Solutions, Ins. v. Busk on December 9, 2014 and reversed the Ninth Circuit Court of Appeal in a much awaited wage and hour decision concerning the issue of “compensable time” under the federal Fair Labor Standards Act (“FLSA”). The facts of the case are… Continue Reading