Searching Content indexed under Employment Litigation/ Tribunals by Proskauer Rose LLP ordered by Published Date Descending.
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Successive Class Action May Be Barred By Statute Of Limitations
Jorge Fierro filed this class action, claiming that he and the other members of the putative class were misclassified as exempt employees and that, in fact, they were non-exempt ...
United States
4 Apr 2019
Court Should Not Have Denied Certification Of Class Of Drivers Seeking Wage & Hour Remedies
The trial court denied plaintiffs' motion for class certification of a putative class consisting of employees who worked as drivers transporting milk within California.
United States
4 Apr 2019
PAGA Penalties Must Be Shared With All Aggrieved Employees
David Moorer, who worked as a full-time security guard and "lobby ambassador" for Noble, filed a complaint as an individual and on behalf of all aggrieved employees ...
United States
4 Apr 2019
Payroll Company Not Liable To Employee For Negligence Or Breach Of Contract
Sharmalene Goonewardene alleged claims against ADP (the payroll company used by her employer, Altour International Inc.) ...
United States
4 Apr 2019
$300 Unpaid Wage Claim Results In Additional $57,000 Award To Employee
Anthony Stratton filed a claim against Thomas Beck with the labor commissioner for unpaid wages in the amount of $303.55.
United States
4 Apr 2019
Fruit Growers May Have Been Joint Employers Of Thai Workers For Purposes Of Title VII
The Washington state fruit growers in this case experienced labor shortages and as a result entered into agreements with Global Horizons (a labor contractor) ...
United States
4 Apr 2019
Former Accountant Could Proceed With Whistleblower Lawsuit
Says Siri alleged she was terminated as the general ledger staff accountant for Sutter Home Winery in retaliation for having notified the state Board of Equalization and Sutter's general counsel in writing...
United States
3 Apr 2019
LA Times Wins Lawsuit Against Former Freelancer
In response to Rall's lawsuit, the Times filed an anti-SLAPP motion to strike the complaint, which the trial court granted.
United States
28 Jan 2019
NLRB Majority: Unqualified Notice To Picket Jobsite Where Neutrals Are Present Violates Act
We recently saw interesting decisions from the NLRB including cases about the employer's duty to provide information about tax cuts, the lawfulness of litigation holds ...
United States
18 Jan 2019
California Employment Law Notes - January 2019
Kristen Biel was fired from her fifth grade teaching position at St. James Catholic School after she told the school ...
United States
11 Jan 2019
United States
20 Dec 2018
IRS Announces Transition Relief From The Once-In-Always-In Requirement For Excluding Part-Time Employees Under 403(b) Plans
The IRS recently issued Notice 2018-95 to provide transition relief to 403(b) plans that erroneously excluded part-time employees from eligibility to make elective deferrals when the employees should have been eligible to participate under the "once-in-always-in" requirement ("OIAI").
United States
13 Dec 2018
UK Decision Puts Employers On Notice For Vicarious Liability At Work-Related Events
With the holiday party season just around the corner, tragic events in the United Kingdom present a worst-case scenario for reveling workers and for employers who may find themselves held responsible
10 Dec 2018
November 2018 California Employment Law Notes
We invite you to review our newly-posted November 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law.
United States
26 Nov 2018
Governor Brown Signs Slew Of #MeToo-Inspired Laws
This weekend Governor Brown signed many laws that were authored and gained traction in response to the #MeToo movement.
United States
4 Oct 2018
Sixth Circuit Holds Pecuniary Loss Not Required To Establish Standing In Benefit Claim
The Sixth Circuit joined several other circuits in holding that a participant need not have actually incurred a financial loss in order to have standing to assert an ERISA claim for benefits under
United States
19 Sep 2018
Elise Bloom Leads MLB Arguments In The Ninth Circuit (Video)
Elise Bloom leads the Proskauer team that represents Major League Baseball (MLB) and 29 Clubs in a wage and hour putative class/collective action brought by minor league baseball players.
United States
17 Sep 2018
NLRB Rejects "Constructive Denial Of Transfer" And "Threat" Theories Of Unfair Labor Practice Liability
As we hurtle toward Labor Day, and the probable onslaught of decisions, and as NLRB Member Pearce's tenure ends on August 27, the Board has been issuing a steady stream of cases.
United States
31 Aug 2018
Arbitration Class Waivers, Past Practice (Not Established) And Skirmishing Over Information Requests All Part Of Recent NLRB Action
Since December 2017, when the Board issued a number of decisions which restored precedent that had been changed in the last few years, (discussed here, here, here, and here) ...
United States
15 Aug 2018
Another Gargantuan California Verdict… This Time For $18.6 Million
A San Diego jury awarded that amount to a former employee who claimed he was wrongfully terminated based on his arrest record and then defamed.
United States
25 Jul 2018
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