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Archive by tag: Phelps & PhillipsReturn

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 |

Beer Brand Battle Continues With Preliminary Injunction

A federal court judge has weighed in on the battle dubbed “Corngate” between Bud Light and competitors Miller Lite and Coors Light, denying Anheuser-Busch InBev’s motion to dismiss MillerCoors’ false advertising lawsuit....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Jul 19,2019 |

Body Lotion or Drug? Case Moves Forward

Did Nivea’s claims for its Skin Firming Hydration Body Lotion push the product into the category of a drug requiring approval from the Food and Drug Administration (FDA)?...By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Jul 17,2019 |

Upcoming Changes to EB-5 Visa Regulations for Foreign Investors

In January 2017, the Department of Homeland Security (DHS) proposed to change the EB-5 Visa regulations to raise the minimum investment thresholds for eligibility, modify designations and definitions relating to targeted employment areas, and enhance...By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Jul 11,2019 |

Employer Name Error Doesn’t End Plaintiff’s ADEA Action

An employee’s error with regard to the name of his employer when he filed a charge of discrimination was not fatal to his age discrimination claim, the U.S. Court of Appeals, Seventh Circuit held....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Jul 02,2019 |

From Flexible Leave to Marijuana Testing New State Laws on the Books

States have recently enacted new employment-related laws on issues ranging from flexible leave to marijuana testing. ..Maine. In Maine, employees will soon be allowed to use mandated paid leave for any reason, pursuant to An Act Authorizing Earned...By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Jul 01,2019 |

Five Highlights From a Busy Month for the NLRB

The National Labor Relations Board (NLRB) has been busy the past few weeks. Below are the top five hits over the past month. 1. New rules on the horizon. In a new rulemaking agenda detailing both its short-term actions and long-term plans, the Board...By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Jul 01,2019 |
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