Searching Content indexed under Employment Litigation/ Tribunals by Lewis Brisbois Bisgaard & Smith LLP ordered by Published Date Descending.
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Illinois Legislature Passes Bill Allowing Civil Suits Against Employers In Latent Injury Cases
Springfield, Ill. (April 17, 2019) – On March 14, 2019, the Illinois legislature passed Senate Bill 1596, lifting the 25-year statute of repose for occupational disease lawsuits and allowing direct
United States
2 May 2019
‘Not For Eternity' – Implications From The Supreme Court Reversal Of A Deceased Judge's Ruling
The law is an ever-evolving and unpredictable thing. As are the courts and their judges – whether dead or alive.
United States
3 Apr 2019
Writ-Sy Business: The First Steps To Take Before Challenging A Trial Court Order & Filing That Writ
You've obtained an unfavorable trial court order, but you have no right to appeal. If you are in California, you are likely not without some relief.
United States
14 Mar 2019
Collect Call-In?
This usually means the employee is required to make a quick call to check-in to see if they have to come in to work.
United States
12 Mar 2019
California Court Of Appeal Ruling Requires Reporting Time Pay For On-Call Employees, Even When Not Physically Reporting To Work
Los Angeles, Calif (February 15, 2019) - On February 4, 2019, in the case of Ward v. Tilly's Inc. a California Court of Appeal issued a ruling requiring employees who are subject to on-call scheduling
United States
22 Feb 2019
California Court Of Appeal Clarifies Application Of The ABC Test For Independent Contractors
On May 15, 2018, we issued a client alert on the California Supreme Court's decision in Dynamex Operations v. Superior Court. The Dynamex decision drastically altered the applicable standard used...
United States
22 Nov 2018
Rhode Island Finds Date Of Disablement As Trigger Of Coverage In Repetitive Trauma Claims
Such was the case here, where the employer's insurers litigated coverage for this claim over many years.
United States
22 Aug 2018
Rhode Island Reexamines Settlement Language
Settling workers' compensation claims is often a method used to resolve difficult cases or those cases where high benefit exposure exists.
United States
22 Aug 2018
California Supreme Court Holds That Regular, Non-Trivial Time Worked "Off The Clock" Is Compensable
Embodied in the federal Fair Labor Standards Act (FLSA), the de minimis doctrine provides that employers are not required to pay employees ...
United States
8 Aug 2018
Lewis Brisbois Counsel Secures Dismissal LHWCA Complaint In New York
In Kopetic v. The Port Authority of New York & New Jersey (April 12, 2018), Lewis Brisbois' client, a governmental entity who owns a container terminal in New York Harbor, was sued by an injured longshoreman...
United States
18 Jul 2018
The Texas Supreme Court Rules Trial Courts Must Watch Video Evidence Before Deciding To Exclude; Finds Video Evidence Probative Of "Soft Damages" In Personal Injury Cases
The jury awarded Williams nearly $10 million in damages, two-thirds of which consisted of "soft damages" such as pain and suffering and loss of enjoyment of life.
United States
7 Mar 2018
California Labor Commissioner Opines That Employees May Not Be Required To Stay On Premises Or Keep In Radio Communication During Rest Periods
In late 2016, the California Supreme Court in Augustus v. ABM Security Services, Inc. published a decision which held that on-duty and on-call rest periods are not permissible under state law ...
United States
20 Feb 2018
2017 California Employment Law Updates
In 2017, the California Legislature enacted numerous employment-related laws. California employers should take note of these new laws to ensure that their policies and procedures are in compliance.
United States
20 Nov 2017
California Law Significantly Expands Labor Commissioner's Authority To Investigate And Enforce Retaliation Claims
Last week, California Governor Jerry Brown signed into law a bill that significantly expands the Labor Commissioner's authority to investigate and enforce retaliation claims.
United States
19 Oct 2017
California Court Of Appeal Holds That Workers Are Entitled To Federal And California Wage And Hour Protections Regardless Of Immigration Or Work Authorization Status
Last week, on June 15, 2017, a California Court of Appeal reaffirmed the principle that individuals performing work for the direct benefit of an employer are entitled to wage and hour protections...
United States
10 Jul 2017
Rigid Progressive Disciplinary Practices And Long-Term Employment May Undermine An Employee's At-Will Status
Many employers take comfort that their employees are at-will, meaning that either party may terminate employment at any time and for any reason, as long as the reason is not unlawful
United States
1 Jun 2017
"Turn-Around" Work Considered Part Of Facility Owner's Business In Establishing Tort Immunity For Statutory Employer
Plaintiff James Fletcher was diagnosed with mesothelioma in 2015. As result, he brought suit against a number of entities alleging asbestos exposure.
United States
25 May 2017
Sue Tsunami: The Rising Tide Of Verdicts And Settlements In California-Based Employment Litigation
Within weeks of each other, two California juries awarded eight-figure verdicts to individual plaintiffs in employment cases.
United States
23 May 2017
Employment Law Recovery – Blue Skies No More
In a boon for employers, on May 8, 2017, the Missouri House of Representatives passed Senate Bill 43, which dramatically alters Missouri's state employment anti-discrimination statutes.
United States
18 May 2017
California Supreme Court Finds Arbitration Provision That Waives The Right To Pursue Public Injunctive Relief In Any Forum Is Unenforceable
The California Supreme Court tackled the validity of clauses in pre-dispute arbitration agreements which purport to waive an individual's right to seek public injunctive relief in any forum such as in court.
United States
28 Apr 2017
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