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Arbitration award that banned hospital from denying vacation requests properly vacated

January 9th, 2020

By Wayne D. Garris Jr., J.D.
Although arbitrators are given a “heavy degree of deference,” the court stated that it is not an “amen corner” for arbitrators’ rulings.
Affirming a district court’s grant of summary judgment to a hospital employer, and its vacation of an arbitration award, the Third Circuit found that the award in favor of [Read more...]

No error in dismissing as a sanction corporate attorney’s Title VII claims

January 9th, 2020

By Kathleen Kapusta, J.D.
The district court found a lesser sanction would do “nothing to address the shocking betrayal of ethical responsibilities perpetrated” by the deputy general counsel and would be “too minimal to offset such abuse.”
The court below did not err in dismissing, as a sanction for misconduct, a deputy general counsel’s Title VII claims [Read more...]

Walmart’s California truck drivers survive challenge to multimillion dollar verdict in wage suit

January 8th, 2020

By Ronald Miller, J.D.
Whether an employee deserves pay in California turns on whether the employer exercised control over the employee, not whether the employee was actively working.
In a long-running wage suit brought by long-haul truck drivers employed by Walmart, the Ninth Circuit affirmed a district court’s judgment awarding millions of dollars of damages in a [Read more...]

Trucking group gets emergency reprieve from AB 5, California’s independent contractor law

January 8th, 2020

By Marjorie Johnson, J.D.
The California Trucking Association was likely to succeed on the merits of its claim that A.B. 5 was preempted by federal law since it “effectively mandates that motor carriers treat owner-operators as employees, rather than as the independent contractors that they are.”
A federal court in California issued a temporary restraining order that [Read more...]

Court temporarily halts California law barring mandatory arbitration agreements

January 8th, 2020

By Marjorie Johnson, J.D.
The law, scheduled to go into effect January 1, prohibits employers from requiring employees, as a condition of employment, to waive any right, forum or procedure for a violation of any provision of the California Fair Employment and Housing Act or Labor Code.
The California attorney general and other state officials have been [Read more...]