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Darcy L. Muilenburg Pillsbury Winthrop Shaw Pittman LLP

Results 1 to 5 of 5

New FCC regulations to take effect regarding telemarketing robocalls: all businesses marketing by telephone or text must prepare *

USA - October 3 2013
On October 16, 2013, revised rules adding further restrictions on telemarketing "robocalls" (telemarketing calls or texts that are autodialed or…

Co-authors: Lauren Lynch Flick, Andrew D. Bluth.

EEOC raises the bar on employers to show that employment actions are job-related *

USA - May 8 2012
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued an Enforcement Guidance on employers’ use of arrest and conviction records in hiring, as well as published a final rule clarifying the “reasonable factors other than age”(“RFOA”) defense under the Age Discrimination in Employment Act (“ADEA”).

Co-authors: Julia E. Judish.

California employers get a break on meal and rest claims but still face class action filings *

USA - April 18 2012
In a highly anticipated decision, on April 12 the California Supreme Court in Brinker Restaurant Corp. v. Superior Court held that employers are not obligated to ensure that nonexempt employees take their meal breaks.

Co-authors: Erin C. Carroll, Thomas N. Makris, Paula M. Weber, Kathryn A. Nyce.

Ninth Circuit ruling leads to spike in class actions over text messages from retailers *

USA - November 11 2009
In Satterfield v. Simon & Schuster, Inc., 569 F.3d 946 (9th Cir. 2009), the Ninth Circuit held that unsolicited text messages to mobile phones sent by a retailer may constitute a “call” in violation of the Telephone Consumer Protection Act (the “TCPA”).

Co-authors: Greg L. Johnson, Andrew D. Bluth.

CA district attorneys enforce amended gift card law against major retail chain *

USA - August 26 2009
On August 13, 2009, Starbucks Corporation was permanently enjoined from failing to redeem gift cards with a value of less than $10.00 for cash or check upon a consumer's request as required by Civil Code § 1749.5(b)(2).

Co-authors: Amy L. Pierce, Greg L. Johnson, Deborah S. Thoren-Peden.