California Supreme Court

Co-Authored by Sheryl Skibbe, Jon Meer, and Michael Afar

Seyfarth Synopsis: A recent court decision credited Nike’s time and motion study showing employees spent mere seconds of time in off-the-clock bag checks, finding the checks to be too trivial and difficult to capture to require payment. In contrast, the class failed to present

Authored by Jeffrey A. Berman, Julie G. Yap, and Michael Afar

Last week, the California Supreme Court issued a ruling on a California Wage Order requirement that employers provide “suitable seats” for employees when the “nature of the work reasonably permits the use of seats.” The consolidated decision says employers have to

Co-authored by David D. Kadue and Simon L. Yang

On Tuesday, January 20, 2015, the Court declined to take the case of CLS Transportation Los Angeles, LLC v. Iskanian, in which an employer asked the Court to reverse a ruling of the California Supreme Court. At issue was whether an employee who has agreed

Co-authored by Colleen Regan and David Kadue

Gentry is dead.  Back in 2007, the California Supreme Court, in Gentry v. Superior Court held that California public policy favoring class actions was so important that employers cannot have employees, in arbitration agreements, waive their right to pursue a class action.  Many thought that the Gentry rule

Co-authored by Geoffrey Westbrook and Laura Maechtlen

With years in the making, the long-awaited decision of the California Supreme Court in Duran v. U.S. Bank has finally arrived and represents a significant victory for California employers. Duran is the first case to consider the now prevalent use of statistical evidence by class action plaintiffs to

Authored by Jim Harris

The California Supreme Court heard oral argument in two important cases involving employment-related class actions.  From the tenor of and comments made at the argument, it appears likely that the ultimate results will be a mixed bag for employers.

The first case, Iskanian v. CLS Transportation of Los Angeles, LLC,

California Flag.bmpBy Brandon R. McKelvey, Chantelle C. Egan, and Michael A. Wahlander

Last week, the California Supreme Court agreed to decide whether class action waivers in employment arbitration agreements are enforceable under California law.  In Iskanian v. CLS Transportation Los Angeles, LLC, the Court of Appeal held that a class action waiver in an