Steelworkers brought an action under the Fair Labor Standards Act [FLSA; 29 U.S.C. § 203(o)],alleging their employer violated the FLSA by failing to compensate them for time spent donning and doffing protective gear, a process involving donning a flame-retardant jacket, pants and hood, a hardhat, a snood, wristlets, work gloves, leggings, metatarsal boots, safety glasses, earplugs […]
We Have Immunity: It’s For Your Own Good…And Next We’ll Report You To The IRS.
An airline pilot’s employment was to be terminated after he had an outburst during simulator training and did not complete the training. Other employees at the airline discussed two prior episodes involving other disgruntled airline persons who lashed out violently, and the other employees reported the pilot’s name to the Transportation Security Administration [TSA], informing TSA […]
Burden Of Proof In Patent Case Brought As A Declaratory Relief Action.
The dispute revolves around a license given to licensee by licensor/patentee to practice certain of licensor’s patents in exchange for royalty payments. Licensor contended licensee infringed the licensed patents, and licensee challenged that assertion of infringement in a declaratory relief action. The district court concluded licensor/patentee, as the party asserting infringement, had the burden of proving […]
No Jurisdiction In California.
Plaintiffs are 22 residents of Argentina who brought an action in federal court in California against a German manufacturer, claiming the company “collaborated with state security forces during Argentina’s 1976-1983 ‘Dirty War to kidnap, detain, torture, and kill certain [Mercedes-Benz Argentina] workers.” Plaintiffs pled claims under the Alien Tort Statute [28 U.S.C. § 1350] and the […]
Read The Contract Under ERISA!
The plaintiff filed a claim for long term disability benefits with an insurance company in a plan covered by ERISA [Employee Retirement Income Security Act of 1974; 29 U.S.C. § 1132(a)(1)(B)]. ERISA does not specify a statute of limitations for filing suit, but a cause of action does not accrue until the plan issues a final […]
Decertified Class Ordered Recertified.
Allstate Insurance Company changed the classification of its auto field adjusters from salaried employees to hourly employees in response to litigation challenging their misclassification as employees exempt from protection of overtime wage laws. After the change, Allstate presumed that an adjuster’s workday begins with the first appointment as set by the Work Force Management System. Plaintiff […]
Under Freedom Of Information Act Corporate Documents Are Not Exempted For “Personal Privacy.”
The U.S. Supreme Court ruled that the “personal privacy” exemption from disclosure under the Freedom of Information Act does not apply to corporations. The court held that corporations do not have “personal privacy.” FCC v. AT&T, Inc. (U.S. Supr. Ct.; March 1, 2011) 131 S.Ct. 1177, [179 L.Ed.2d 132].
National Childhood Vaccine Injury Act.
The National Childhood Vaccine Injury Act (42 U.S.C. §300aa-22(b)(1)) provides that vaccine manufacturers shall not be liable in a civil action for injury or death associated with the administration of the vaccine. In Bruesewitz v. Wyeth, LLC (U.S. Sup. Ct.; February 22, 2011) 131 S.Ct. 1068, [179 L.Ed.2d 1], the parents of a child allegedly disabled […]
Retaliation For Oral Complaint Is Covered Under Fair Labor Standards Act Of 1938.
The Fair Labor Standards Act of 1983 forbids employers from discharging an employee because the employee has “filed any complaint” under the Act. Employee orally complained about the illegal location of time clocks which resulted in employees not receiving credit for all the time they were entitled to. Employer fired employee and he sued under the […]
Foiled Again By The Federal Arbitration Act!
Labor Code sections 98 through 98.8, provide an administrative statutory scheme for an employee to seek relief from the Labor Commissioner for a wage dispute. This method of dispute resolution is called a Berman hearing. In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659, [247 P.3d 130; 121 Cal.Rptr.3d 58] (Sonic I), the California Supreme Court […]
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