Keith A. Goodwin
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It is no secret that California is no friend to arbitration agreements. As the United States Supreme Court noted in its 2011 opinion in AT&T Mobility LLC v. Concepcion, “California’s courts have been more likely to hold contracts to arbitrate unconscionable than other contracts,” despite directives from the High Court that arbitration agreements must be … Continue Reading
For nearly 22 years, IWC Wage Order No. 4 and IWC Wage Order No. 5 have permitted employees in the “health care industry” who work shifts in excess of eight total hours in a workday to “voluntarily waive their right to one of their two meal periods. . . . in a written agreement that … Continue Reading
Yesterday, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transp. Los Angeles, LLC, upholding class action waivers in employment arbitration agreements. This means that the U.S. Supreme Court’s 2011 opinion in AT&T Mobility LLC v. Concepcion is to be given full force and effect in the employment setting in California. That … Continue Reading
In Stiller v. Costco Wholesale Corp., No. 3:09-cv-2473-GPC-BGS, Plaintiffs Eric Stiller and Joseph Moro alleged that Costco’s loss-prevention closing procedures effectively “forced” employees to work off-the clock without getting paid because they were required to remain on-site after they had clocked out of their shifts to go through security screenings. In December 2010, the district court … Continue Reading
In its recent per curiam opinion in Rea v. Michaels Stores, Inc., the U.S. Court of Appeals for the Ninth Circuit clarified rules and procedures relevant to defendants seeking to remove cases to federal court. In Rea, the plaintiffs filed a class action alleging that Michaels improperly classified California store managers as exempt from overtime. Michaels removed … Continue Reading
On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll v. Superior Court (Spencer). The following addresses the basis for that ruling and its implications. Background Radiologist Scott Driscoll worked for physician Todd Spencer and … Continue Reading
Horton Hears an Employer Victory Last December, the Fifth Circuit issued its long-awaited decision in D.R. Horton, Inc. v. NLRB, holding that employers may require employees to sign arbitration agreements categorically waiving the right to pursue employment claims in a collective or class action. In doing so, the Fifth Circuit’s rejected the NLRB’s opinion that … Continue Reading
Shortly after the California Supreme Court issued its 2012 decision in Brinker Restaurant Corp. v. Superior Court, employers saw an immediate uptick in appellate court decisions supporting the denial of class certification to plaintiffs in wage and hour lawsuits. Today, the opposite seems to be true: appellate courts are reversing decisions denying class certification and … Continue Reading
On October 12, 2013, California Governor Jerry Brown signed into law SB 496, which, along with two other new laws (SB 666 and AB 263), expands protections for whistleblowers in California by significantly altering California Labor Code Section 1102.5, California’s general whistleblower statute. The amendments are effective January 1, 2014. Before it was amended, Section … Continue Reading
California Legislature Targets Employment Arbitration Agreements
By Tony Oncidi, Keith A. Goodwin and Kenneth Sulzer on Posted in Arbitration Agreements, California Labor & Employment Law, FAA, New and Proposed Laws and Legislation
Oops! California Court Gets Around to Invalidating 22-Year-Old Meal Period Waiver Rules for Healthcare Employees
By Tony Oncidi and Keith A. Goodwin on Posted in Meal Periods and Rest Breaks, Wage and Hour
Employers Should Now Run—Not Walk—Toward Adopting Arbitration Agreements in California
By Tony Oncidi, Keith A. Goodwin and Laura Reathaford on Posted in Arbitration Agreements, Class Actions, NLRA, PAGA
Rebuking “Trial by Formula,” Federal Court Decertifies Rule 23(b)(3) Class Action
By Keith A. Goodwin and Laura Reathaford on Posted in Class Actions, Off-the-clock Issues, Wage and Hour
Ninth Circuit Clarifies CAFA Removal Requirements
By Keith A. Goodwin and Laura Reathaford on Posted in Class Actions, Federal Jurisdiction
Court of Appeal Holds that State Courts Have Concurrent Jurisdiction over FCA Retaliation Claims
By Keith A. Goodwin, Kenneth Sulzer and Laura Reathaford on Posted in FCA, Federal Jurisdiction, Retaliation, Whistleblowers
D.R. Horton and the Arbitration Hotchpotch: Emerging “Rules” and the Future of Compelled Arbitration in California
By Keith A. Goodwin and Kenneth Sulzer on Posted in Arbitration Agreements, Class Actions, NLRA
California Employers Down, But Not Out, Concerning Class Certification Issues
By Irina Constantin, Keith A. Goodwin and Laura Reathaford on Posted in Class Actions, Wage and Hour
New California Law Expands Protections for Whistleblowers
By Keith A. Goodwin and Laura Reathaford on Posted in New and Proposed Laws and Legislation, Retaliation, Whistleblowers
