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Jul

12

2018
  • Posted by: Kalani Morse
  • News

NLRB Overruled: Supreme Court legalizes class-action waivers for employee arbitration agreements.

For the past six years, the NLRB has held that maintaining individual arbitration agreements with class-action waivers violated the NLRA.  

During that time, the NLRB repeatedly invalidated many employers' arbitration agreements and policies.  Many more employers have altered their arbitration agreements in order to avoid triggering claims or charges under the NLRA.

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Jul

08

2018
  • Posted by: Kalani Morse
  • News

Piercing the Veil: Colorado Holds Officer Personally Liable for Unpaid Wages:

CFO sued former employer for $8,100 in unpaid wages and claimed fraud and breach of contract, naming the CEO individually.  The Colorado court recognized officers and directors cannot be held personally liable for corporate debts, but found an exception by “piercing the corporate veil.” 

The Court found the CFO should be able to show: 1) the corporation was/is the CEO's “alter ego"; 2) the CEO used the corporation to perpetrate fraud; and 3) equity required the court to disregard the corporate form and hold the CEO personally liable.

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Jul

05

2018
  • Posted by: Kalani Morse
  • News

Undependence Day: California presumes all contract workers are employees.

Independently contracted delivery drivers in California sued for wages.  The Supreme Court of California rules that employers must show their worker are independent contractors not covered by California's wage order regulations.

The Court set forth the new test for hiring entities whose workers will be employees rather than contractors unless they can show the worker:

 
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Jul

03

2018
  • Posted by: Kalani Morse
  • News

Target pays $3.7 million to settle suit over "neutral" employee criminal background checks

Target pays $3.7 million to settle suit over "neutral" employee criminal background checks that harm Black and Latino applicants.

Target’s policies mandated automatic rejection of applicants for certain misdemeanors and felonies like violence, theft and drug convictions in the past 7 years.  

The suit alleged Target's policy imported “the racial and ethnic disparities that exist in the criminal justice system into the employment process, [] multiplying the negative impact on African-American and Latino job applicants.” 

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