Labor & Employment Law Blog

In Dailey v. Sears, Roebuck and Co., the California Court of Appeal held the trial court did not abuse its discretion when it denied class certification in a case alleging Sears misclassified as exempt auto center managers and assistant managers.

Plaintiff alleged Sears misclassified as exempt auto center managers and store managers when they should have been classified as non-exempt because, according to ...

On May 7, a federal court of appeals in Washington, DC ruled that the National Labor Relations Board cannot require private sector employers across the country to post a workplace poster which advises employees of certain rights under the National Labor Relations Act. Citing free speech concerns and a lack of balance in favoring a unionized workplace, the court struck a further blow against NLRB's proposed ...

The National Law Journal has again recognized Atkinson, Andelson, Loya, Ruud & Romo as one of 20 midsize law firms for inclusion on their 2013 “Hot List.” “The National Law Journal’s Midsize Hot List includes 20 law firms that are no way stuck in the shadows cast by giant competitors. As clients demand better value for their legal spend and potential laterals more satisfaction from their careers, these ...

Atkinson, Andelson, Loya, Ruud & Romo was again ranked among the top 50 largest California law firms by the Los Angeles Daily Journal.  For 2013, the Firm was ranked as the 43^rd largest law firm headquartered in California.

In January 2013 the District of Columbia Circuit Court of Appeals put the validity of hundreds of NLRB case decisions and regulatory actions in doubt. In a ruling involving Noel Canning, a Washington State company accused of unfair labor practices, the Court determined that two of the three Board members ruling against the employer lacked authority due to unconstitutional appointments from the President ...

On February 27, 2013, the Department of Labor (“DOL”) published interim final regulations regarding employee whistleblowing complaints under the Patient Protection and Affordable Care Act (“ACA” a.k.a. the healthcare reform act). The regulations allow employees to file complaints with the Occupational Safety & Health Administration (“OSHA”) against their employers (and health ...

The United States Citizenship and Immigration Services (“USCIS”) introduced a new Form I-9 today, March 8, 2013, for immediate use.  The new form, which is identified with “version (Rev. 03/08/13)” in the lower left corner, features several new revisions:

• Expands the form from one page to two pages.  The first page is to be completed by the employee, the second by the employer.
• Asks for employee e-mail ...

In Sanchez v. Swissport, Inc., the California Court of Appeal addressed for the first time the following question: Can an employee who exhausted all of her available leave under the California Pregnancy Disability Leave Law (“PDLL”) who was terminated when she was unable to return to work after exhausting all available PDLL leave state a claim for alleged sex discrimination or disability ...

In perhaps the first case to employ jury instructions based on the California Supreme Court’s recent holding in Harris v. City of Santa Monica that a plaintiff alleging discrimination in violation of the California Fair Employment and Housing Act (“FEHA”) must prove that discrimination was a “substantial factor” motiving the challenged action of the employer and not just a factor, in Rodriguez ...

On February 7, 2013, the California Supreme Court issued a much-anticipated decision that significantly impacts the ability of employees to prove their employment discrimination claims and recover damages under the California Fair Employment and Housing Act (“FEHA”).  In Harris v. City of Santa Monica (Los Angeles County Superior Court, Case No. BC341469), a bus driver alleged the City of Santa ...