Use it or Lose it! Supreme Court Holds Employers Risk Waiving Failure to Exhaust Administrative Remedies Defense When Not Timely Pled June 13, 2019 Most employers know that, generally, an employee must file a complaint with the Equal Employment Opportunity Commission (“EEOC”) or relevant state or local agency (Department of Fair Employment and Housing or […]
May 1, 2019 Courts May Not Compel Arbitration of Claims on a Classwide Basis Absent Parties’ Explicit Authorization Authored by Amy Fisher, Esq. On April 24, 2019, the United States Supreme Court ruled in Lamps Plus, Inc., et al., v. Varela, 587 U.S. ___ (2019) (“Lamps Plus”) that a court may not compel class arbitration […]
March 28, 2019 All employers who use the services of a background checking agency to procure a background check report on an employment applicant should know that the federal Fair Credit Reporting Act (“FCRA”) requires that the applicant sign a written disclosure and an authorization before the report may be obtained. Specifically, to ensure the […]
Here We Go Again: New Year, New Laws-California Employers Get Ready! October 19, 2018 Every Fall California employers brace themselves for another onslaught of new employment laws going into the next calendar year. 2019 will be no exception. To help prepare our clients and friends, we summarize below some of the more significant new developments […]
September 13, 2018 COMPANIES WITH CONTRACTORS: HAVE YOU LEARNED YOUR DYNAMEX A, B, C’S? Executive Summary On April 30, 2018, the California Supreme Court issued a groundbreaking decision in Dynamex Operations West, Inc. v. Superior Court (Los Angeles), 4 Cal. 5th 903 (2018), regarding the standard by which employers may classify California workers as employees […]
SRC won summary judgment on the City of Glendale’s behalf in its dispute with the owner and operator of a waste-to-energy facility located at the City’s landfill. The facility was initially designed to remove unsorted recyclables from the City’s municipal waste stream and, in a planned second phase, to generate energy from the waste stream. […]
SRC successfully defended a putative class action filed against PacWest Energy, LLC d/b/a Jacksons Car Wash, alleging violations of the Electronic Funds Transfer Act. The Complaint sought injunctive relief as well as damages on behalf of a class of consumers who purchased monthly memberships for unlimited car washes at Jacksons Car Wash locations. On July […]
SRC successfully defended Massage Envy Franchising, LLC against a putative class action alleging violations of the Illinois Consumer Fraud Act and the Missouri Merchandising Practices Act. The Complaint was brought on behalf of all consumers who purchased a one-hour massage session at an independently owned and operated Massage Envy® clinic franchise in Illinois or Missouri. […]
“Appeals court finds no error in case arguing Massage Envy massages are shorter than promised,” Cook County Record, April 13, 2018.
October 20, 2017 CRIMES, MONEY, BABIES AND MORE! WHAT’S IN THE LINEUP FOR CALIFORNIA EMPLOYERS IN 2018 Don’t mistake this for a trailer for your favorite Thursday night TV lineup. Instead, it’s a preview of the legal compliance changes California employers will soon be grappling with. Below is a brief summary of some of the […]
August 17, 2017 On remand from the United States Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) (“Spokeo”), the United States Court of Appeals for the Ninth Circuit found that Plaintiff had standing to bring his claims under the federal Fair Credit Reporting Act (“FCRA”) in Robins v. Spokeo, Inc., […]
February 23, 2017 In a published decision issued on February 1, 2017, the United States Court of Appeals for the Eighth Circuit remanded for further consideration the lower court’s final approval of a consumer class action settlement in In re: Target Corporation Customer Data Security Breach Litigation, Case No. 0:14-md-02522 (8th Cir. Feb. 1, 2017) […]