Introduction On March 8, 2017, in Somers v. Digital Realty Trust Inc., No.15-cv-17352 (9th Cir., March 8, 2017), the Ninth Circuit Court of Appeals affirmed the district court’s denial of the defendant’s motion to dismiss a whistleblower claim brought under the Dodd-Frank Act’s (“DFA”)’s anti-retaliation provision. In a 2-1 decision, the majority endorsed the approach … Continue Reading
On April 28, 2016, the Supreme Court of the United Sates approved amending Federal Rule of Civil Procedure 6(d) to remove electronic service from the modes of service under Rule 5(b)(2) that allow an extra three (3) days to respond. Rule 6(a) specifies how a party must compute time as provided in the Federal Rules … Continue Reading
What does Winston Churchill have to do with California wage and hour requirements? Well, the “shot” at employers in Soto v. Motel 6 Operating L.P. at the California Court of Appeal was whether, because California vacation pay cannot be forfeited and must be paid out at termination, it therefore follows that the value of the … Continue Reading
Some important Supreme Court cases are hard to accurately capture in a sound bite, and this is one of them. In a narrow holding, the Supreme Court issued a 6-2 decision in Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. ___ (2016), addressing class claims for overtime compensation certified under Federal Rule of Civil Procedure 23 … Continue Reading
In a 6-3 opinion, the United States Supreme Court held yesterday that a defendant’s unaccepted Rule 68 offer of judgment for complete relief does not moot a case. See Campbell-Ewald Co. v. Gomez, 577 U.S. ___ (2016). Justice Bader Ginsburg, writing for the 6-3 majority, explained that “[u]nder basic principles of contract law,” an offer … Continue Reading
Today, the U.S. Supreme Court again tackled the thorny issue of arbitration in light of the Federal Arbitration Act and struck down a California rule that effectively invalidated arbitration agreements that prevented class actions.
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Today, the U.S. Supreme Court ruled that an employer may be held liable for retaliating against an employee who did not engage in any protected activity, but who has a close relationship with another employee who did engage in protected activity.
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Many employers require that employees agree in writing to arbitrate any disputes that may arise in connection with their employment. The reason is simple: arbitrating employment disputes usually is less expensive and provides a quicker resolution than litigation. However, like litigation, arbitration can sometimes be unpredictable. This presents a problem because, unlike litigation, it is … Continue Reading