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Archive by tag: ManattReturn

Court Takes Points Off for Employer’s FMLA Violation

An employee’s lawsuit alleging violations of the Family and Medical Leave Act (FMLA) will move forward after the U.S. Court of Appeals for the Sixth Circuit found the employer’s point system effectively violated the plaintiff’s statutory rights....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Aug 30,2019 |

Courts, Not Arbitrators, Decide Gateway Issue of Class Proceedings

Who should decide the gateway issue of whether an arbitration agreement permits class proceedings? Courts, not arbitrators, the U.S. Court of Appeals for the Fifth Circuit has concluded, joining the Fourth, Sixth, Seventh, Eighth, Ninth and Eleventh...By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Aug 28,2019 |

Two California Supreme Court Cases to Keep an Eye On

The U.S. Court of Appeals for the Ninth Circuit has certified two cases to the California Supreme Court on issues with the potential for major impact on employers in the state: meal and rest break policies and the retroactive effect of the...By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Aug 28,2019 |

‘Healthy’ Coconut Oil Suit Settles for $1.85M

To settle a false advertising class action over its “healthy” claims for coconut oil, Nature’s Way has agreed to a $1.85 million settlement deal....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Aug 14,2019 |

Meat Alternative Company Starts Beef With Arkansas State Law

Where’s the beef? In Arkansas federal court, where the Tofurky Company challenged a new state law that prohibits the labeling of plant-based meat alternatives as “burgers,” “beef,” “pork” or “sausage” or other meat-related terms....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Aug 06,2019 |

Plaintiff’s Request for Shoe Reimbursement Slips Out of Court

Interpreting California Labor Code Section 2802, an appellate panel in the state ruled that an employer was not required to reimburse its employees for the cost of slip-resistant shoes....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Aug 01,2019 |

Despite Epic, California Court Denies Motion to Compel Arbitration

In the latest arbitration battle involving Private Attorneys General Act (PAGA) claims, a California federal court denied an employer’s motion to compel despite recent U.S. Supreme Court precedent in Epic Systems Corp. v. Lewis....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Jul 31,2019 |

Liens Against Companies and Executives for Unpaid Employee Wages?

The New York State Legislature has passed a bill that, if signed into law, would allow current and former employees to obtain a lien against an employer’s real or personal property based merely on an allegation of underpayment of wages. Such an...By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Jul 30,2019 |

Just Pay It: Ninth Circuit Moves Exit Inspection Suit Against Nike Forward

Exit inspections conducted as retail employees of Nike leave the store may need to be compensated, the U.S. Court of Appeals for the Ninth Circuit determined in a class action, applying the California Supreme Court’s recent decision in Troester v....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Jul 30,2019 |

National Retailer Pulls CBD Products From Shelves in Response to FDA Warning to Product Manufacturer

On Monday, July 22, the U.S. Food and Drug Administration (FDA) took a rare and significant step in issuing a warning letter to Curaleaf Holdings, Inc. (Curaleaf), one of the country’s larger producers of CBD-based products, regarding Curaleaf’s...By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Jul 29,2019 |
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