California employers have been grappling with the difficult and fact-intensive issue of classifying their workers as employees or independent contractors ever since the California Supreme Court issued its landmark 2018
Continue Reading Ninth Circuit Holds AB-5 Applies to Motor Carrier Workers in California
In Bernstein v. Virgin America, Inc., on February, 23, 2021, the Ninth Circuit issued a decision that’s a mixed bag for employers. Bernstein v. Virgin Am., Inc., No.
Continue Reading Ninth Circuit Grounds Imposition of ‘Subsequent’ PAGA Penalties Prior to Court or Labor Commissioner Citation, But Lets Waiting Time Penalties and Other Labor Code Violations Soar for Interstate Employers
In the wake of the California Supreme Court’s decision further clarifying whether the state’s wage statement law applies to certain employees residing in California, the Ninth Circuit elaborated that federal
Continue Reading Ninth Circuit Court Grounds Preemption Argument in Ongoing Wage Statement Case Dispute
You are invited to listen to Episode 32 of Greenberg Traurig’s Trade Secret Law Evolution Podcast, “Preemption by the UTSA, Compilations as Trade Secrets, and the Ninth Circuit’s Decision
Continue Reading Trade Secret Law Evolution Podcast Episode 32: Preemption by the UTSA, Compilations as Trade Secrets, and the Ninth Circuit’s Decision on Pre-DTSA Enactment Disclosures
The day before Equal Pay Day, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, ruled that employers defending claims under the Equal Pay Act cannot
Continue Reading Ninth Circuit: Employers May Not Consider Salary History in Deciding to Pay Men and Woman Differently
On Monday, June 26, 2017, the U.S. Supreme Court agreed to review whether the Dodd-Frank Act (DFA) prohibits retaliation against internal whistleblowers or only covers individuals who report to the
Continue Reading SCOTUS to Resolve Circuit Split Over Dodd-Frank Whistleblowers
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
Continue Reading Ninth Circuit Widens Circuit Split on Whether Dodd-Frank Protects Internal Whistleblowing
In a decision likely to have significant ramifications for employers, a divided panel of the Ninth Circuit Court of Appeals ruled last week that employers cannot require employees to individually
Continue Reading Ninth Circuit Court of Appeals Widens Circuit Split as to Class Action Waivers in Employee Arbitration Agreements