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The Brinker decision and its impact on meal and rest period policies and class actions

Proskauer Rose LLP
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USA
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April 12 2012

On April 12, 2012, the California Supreme Court issued its long awaited opinion in Brinker Restaurant Corp

Court of Appeal rejects "trial by formula," reverses multimillion dollar verdict and orders class decertified

Proskauer Rose LLP
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USA
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March 6 2012

In a decision destined to have significant statewide ramifications, the California Court of Appeal for the First District reversed a trial court’s certification of a wage-hour class and determination of liability, concluding that the trial court had failed to follow “established statistical procedures” in adopting the trial management plan under which class-wide liability was determined by the testimony of only a relative handful of the class members

New York employee annual notices and new California law take effect January 1, 2012

Proskauer Rose LLP
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USA
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November 10 2011

During this past year, there has been an increased effort at the state and federal levels to ensure that employers are classifying and paying workers correctly

Employment law counseling & training tip of the month

Proskauer Rose LLP
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USA
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September 30 2011

Beginning October 1, 2011, new laws in Connecticut and Maryland will further limit employers' ability to use credit information when making personnel decisions

Employer did not violate CFRA by transferring employee upon her return from 19-week stress leave

Proskauer Rose LLP
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USA
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September 9 2011

After 19 weeks of medical leave, Katrina L. Rogers returned to her job as the personnel officer in the executive office responsible for rendering administrative and other support services to the Los Angeles County Board of Supervisors

Employer's anti-SLAPP motion was properly denied

Proskauer Rose LLP
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USA
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September 9 2011

Dean Martin, who worked as the executive manager of finance and administration of the municipal water district for the City of Chino, alleged retaliation, racial and age discrimination and harassment, defamation and constructive wrongful termination

Prevailing employer should have been permitted to recover its costs from employee

Proskauer Rose LLP
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USA
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September 9 2011

Larry Plancich sued UPS for failure to pay overtime, meal and rest breaks; failure to keep, maintain and furnish accurate wage statements, and unfair competition, among other claims

Employee of independent contractor cannot sue company that hired contractor for negligence

Proskauer Rose LLP
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USA
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September 9 2011

US Airways uses a conveyor to move luggage at San Francisco International Airport

Unlicensed law clerk was properly classified as exempt professional

Proskauer Rose LLP
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USA
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September 9 2011

Zelasko-Barrett v

Injunction upheld prohibiting former employee from competing

Proskauer Rose LLP
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USA
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September 9 2011

NewLife terminated the employment of Ronald Weinstock, the purported inventor of a Therapeutic Magnetic Resonance Device ("TMRD"), which NewLife had purchased approximately one year before the termination

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