As featured on #WorkforceWednesday: Like many of you, this week, we are honoring Justice Ruth Bader Ginsburg and reflecting on her employment law legacy. See the video below.
Video: Should Employers Mandate COVID-19 Liability Waivers? – Employment Law This Week
Class Action Mooted When Class Representative Settles, Ninth Circuit Rules
On June 3, 2020, the Ninth Circuit dismissed a wage and hour class action on the grounds that once the class representative plaintiff settled his individual claims and no longer had any financial stake in the litigation’s outcome, the entire litigation was moot.
In Brady v. AutoZone Stores, Inc. and Autozoners, LLC, Plaintiff Michael
Supreme Court Holds Defined Benefit Plan Participants Lack Standing to Sue Over Allegedly Imprudent Investment Decisions
In a recent 5-4 decision, the Supreme Court, in Thole v. U.S. Bank N.A., 590 U.S. __ (2020), held that participants in defined benefit pension plans lack standing to sue plan fiduciaries for allegedly imprudent plan investments where the participants continue to receive their full benefits and no imminent risk that they will cease
No Quarter for PPP Lenders
Much ink has been spilled in recent weeks about how some recipients of Paycheck Protection Program (“PPP”) relief obtained their loans through mistakes or false pretenses. Now banks are coming under fire for their lending practices in connection with this hastily prepared and implemented program, which left them grappling with how to properly issue loans
Supreme Court of California Holds That Claims Under the UCL and FAL for Civil Penalties Do Not Guarantee a Jury Trial
On April 30, 2020, the California Supreme Court (“Court”) ruled that claims brought pursuant to California’s Unfair Competition Law (“UCL”) and the False Advertising Law (“FAL”) are not entitled to a jury trial.
In Nationwide Biweekly Administration, Inc. et al., v. The Superior Court of Alameda County, the federal Consumer Financial Protection Bureau (“CFPB”)
California Court of Appeals Finds Uninvolved Joint Employers Are Innocent Bystanders, Cannot Be Held Liable for Harassment and Discrimination Claims
On April 7, 2020, the California Court of Appeals (the “Court”) upheld summary judgment for two professional employer organizations (referred to in the decision as a “staffing agencies”) accused of harassment and discrimination by one of its “leased” employees. In Ducksworth v. Tri-Modal Distribution Services, the Court found that joint employers—and more specifically staffing