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Proskauer - California Employment Law

Decertification Of Class Action Upheld

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Allison v. Dignity Health, 112 Cal. App. 5th 192 (2025) - Two former registered nurses filed a putative class action against their former employer, alleging various wage and hour claims...more

Bressler, Amery & Ross, P.C.

Yes, an Arbitrator Can Exceed Their Powers in the Eleventh Circuit

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The reports of the death of Section 10 of the FAA may have been greatly exaggerated. Thursday, a majority of the Eleventh Circuit held in Nalco Co. LLC v. Bonday that an arbitration award was subject to vacatur under Section...more

McGuireWoods LLP

Ninth Circuit: Every FLSA Opt-in Claim Must Be Sufficiently Connected to Forum State

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On July 1, 2025, the U.S. Court of Appeals for the Ninth Circuit, in Harrington v. Cracker Barrel Old Country Store, became the latest federal circuit to rule that the U.S. Supreme Court decision in Bristol-Meyers Squibb...more

Littler

Remand Rules: Oregon Supreme Court Clarifies What You Can Appeal

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On June 24, 2025, the Oregon Supreme Court held in Crosbie v. Asante that a trial court order of the scope of issues to be retried after reversal and remand cannot be immediately appealed....more

Ervin Cohen & Jessup LLP

California Court Narrows “Death Knell” Appeal Rule: Key Takeaways for Employers

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In Chavez v. Hi-Grade Materials Co., the California Court of Appeal issued a ruling that significantly impacts how and when employees can appeal orders denying class certification, especially in cases involving both class...more

Maynard Nexsen

Alabama Supreme Court Alert | Appellate Update for May 23, 2025

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Decisions from May 23, 2025 - The Alabama Supreme Court issued its weekly release list on Friday, May 23. The opinions of interest to the Alabama business community include the following...more

Proskauer - Employee Benefits & Executive...

Seventh Circuit Affirms that Employer’s Withdrawal Liability Cannot Be Based on Post-Rehabilitation Plan Contribution Increases

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We recently reported on a district court decision holding that the Central States Pension Fund’s calculation of withdrawal liability should not have included contribution rate increases imposed after the Fund’s implementation...more

ArentFox Schiff

Reyes v. Hi-Grade Materials Co. – Continuing the Trend to Limit PAGA Gamesmanship

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The California Fourth District Court of Appeal’s decision in Reyes v. Hi-Grade Materials Co. continues the trend toward limiting plaintiffs’ abuse and improper weaponization of the California Private Attorneys General Act...more

Tucker Arensberg, P.C.

Third Circuit Validates Pension Plan’s Right to Revise Withdrawal Liability Assessment and Its Enforcement in Federal Court

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In Central States, Se. & W. Areas Pension Fund v. Laguna Dairy, S. de R.L. de C.V., No. 23-3206 (3d Cir. 2025 Mar. 27, 2025), the United States Court of Appeals for the Third Circuit (“Third Circuit”) reversed the district...more

Marshall Dennehey

First District Court of Appeal Overturns Attendant Care Award Due to Lack of Specificity in Judge’s Findings

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Girardin v. AN Fort Myers Imports, LLC, Fla. 1st DCA, No. 1D2022-1485, February 19, 2025 - The First District Court of Appeal overturned an award for nonprofessional attendant care because the judge of compensation claims...more

Kohrman Jackson & Krantz LLP

Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims

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An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more

Ervin Cohen & Jessup LLP

Another Day, Another Dispute Between Appellate Courts Over Employment Arbitrations

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The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments....more

Husch Blackwell LLP

7th Circuit Update: What Martin v. Goodrich Means for IL’s Workers’ Compensation Landscape

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We previously reported that the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the...more

Constangy, Brooks, Smith & Prophete, LLP

“He said, she said” no longer cuts it: Seventh Circuit clarifies proof required for overtime claims

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A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more

Marshall Dennehey

Judge of Compensation Claims Abused His Discretion in Denying a Motion to Continue a Final Hearing When the Reasoning Behind the...

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Miami Donuts Payroll d/b/a Dunkin Donuts and Liberty Mutual v. Claudia Villarreal, Fla. 1st DCA, No.: 23-0789, November 6, 2024 - The claimant, a cashier, was shocked while plugging in a register at work. She later developed...more

Husch Blackwell LLP

FAAAA Circuit Split Remains Unresolved as U.S. Supreme Court Denies Certiorari in Gauthier vs. TQL

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On January 13, 2025, the U.S. Supreme Court declined to grant certiorari in the case of Gauthier vs. Total Quality Logistics, leaving the decision of the Eleventh Circuit Court of Appeals intact. This means that freight...more

Littler

Littler Lightbulb: February Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Littler

Littler Lightbulb – April Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month. ...more

Littler

Littler Lightbulb: Labor & Employment Appellate Roundup

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This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court. On October 3, the Justices agreed to hear In re Grand...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Provides Guidance, and Creates a Split, on Critical PAGA Issues

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On November 30, 2021, the Court of Appeal, First Appellate District, issued an important opinion in Moniz v. Adecco USA, Inc., __ Cal. App. 5th __ (2021), which will impact employers facing PAGA lawsuits. Moniz clarified...more

Bradley Arant Boult Cummings LLP

You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit Court Rejects Trial Court’s...

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When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1)You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit...more

Bass, Berry & Sims PLC

Halloween Party Turns Scary for State in New Court Decision: Appellate Court Says Employer May Be Held Liable for Off-Duty,...

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Can an employer be held liable for sexual misconduct at a private party that takes place after an employer-sponsored holiday party?  A recent Tennessee Court of Appeals case appears to say “yes” and thereby presents a new...more

Sheppard Mullin Richter & Hampton LLP

Employees Cannot Obtain “Double Recovery” of Unpaid Wages and Premiums for Non-Compliant Rest Breaks

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In Alfredo Sanchez v. Miguel Martinez, the Court of Appeal, Third Appellate District, held that although an employee who is not authorized and permitted to take a paid 10-minute rest break in compliance with California law...more

Payne & Fears

Key California Employment Law Cases: April 2020

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Anthony v. TRAX Int’l Corp., No. 18-15662, 2020 WL 1898843 (9th Cir. Apr. 17, 2020) - Summary: An employer may use after-acquired evidence to show that a plaintiff is not a qualified individual under the Americans with...more

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