Although the Massachusetts Noncompetition Agreement Act expressly excludes nonsolicitation agreements from its definition of “noncompetition agreements,” the Massachusetts Supreme Judicial Court (SJC) recently responded to a...more
Recently, in a case of first impression, Judge Angel Kelley of the United States District Court for the District of Massachusetts confronted a “seemingly simple” question on a motion to dismiss: does a difference of one day...more
Settlements in the employment law context can set up thorny tax issues for employers. In this alert, we will discuss two key issues companies should consider when working toward a settlement agreement: the deductibility of...more
A California appellate court recently held that a burden shifting process did not apply to an employment discrimination claim where the plaintiff had not alleged discrimination on the basis of race. Quesada v. County of Los...more
In Rosalba Espinal v Sephora USA, Inc. 2024 WL 4241537 (S.D.N.Y.), Judge Paul A. Engelmayer held that employees engaged in manual labor have a private right of action under New York Labor Law (NYLL) §198 (1-a) for the...more
Summer 2024 brought a few reminders of what costly challenges employment disputes in California can be, regardless of venue or subject matter. This brief alert simply highlights two recent jury verdicts and the challenge of...more
In a recent decision, the Massachusetts Appellate Division of the District Court Department affirmed the trial court’s award of summary judgment in favor of an employer that had argued that a retention bonus did not...more
On September 12, 2024, a Yakima, Washington jury awarded a $237.6 million nuclear verdict to Tahvio Gratton, a former package delivery driver who filed a lawsuit against his employer for violation of federal and state...more
The pandemic has changed the way the world works. Employers are dealing with demands from employees who want the workplace to work for them. Shook Employment Litigation and Policy Chair Bill Martucci discusses with colleagues...more
We’ve all heard the song “California Dreaming.” But it’s no dream for employers that Golden State trends impact wage and hour laws across the country. California has some of the nation’s strictest wage-and-hour laws and...more
Recently, in Adolph v. Uber Tech., Inc., the California Supreme Court held that plaintiffs who proceed to arbitration on individual labor code claims do not lose standing to bring representative claims in court under the...more
Recently, in Adolph v. Uber Tech., Inc., the California Supreme Court held that plaintiffs who proceed to arbitration on individual labor code claims do not lose standing to bring representative claims in court under the...more
In a recent decision, the Ninth Circuit affirmed a District of Oregon ruling for Amazon.com, Inc., stating that the plaintiff failed to allege that undergoing mandatory security screenings was “an integral and indispensable...more
3/30/2023
/ Amazon Marketplace ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Integrity Staffing v Busk ,
OR Supreme Court ,
Screening Procedures ,
State Labor Laws ,
Wage and Hour
Study Suggests Employers Face Increased Jury Hostility in the Age of COVID-19
California is well-known as a challenging jurisdiction for employers. The American Tort Reform Association ranked California second on its...more
Equal Pay Act Claims and “A Factor Other Than Sex” – Past Salary Information -
The en banc Ninth Circuit Court of Appeals has held that a female employee’s Equal Pay Act claim against her county-employer should be revived....more
Under the wage orders issued by California’s Industrial Welfare Commission (IWC), “[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” Although...more
11/20/2019
/ CA Supreme Court ,
CVS ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
IWC ,
Labor Law Violations ,
Labor Regulations ,
Safeway Inc ,
Seating ,
Settlement ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Orders ,
Working Conditions