Atkinson, Andelson, Loya, Ruud & Romo attorneys are often asked to share their insights, opinions and ideas about the latest issues affecting our clients’ industries and organizations. Here, you will find updated content from the AALRR team about current developments and trends in labor and employment law.

  1. November 9, 2017

    One-Sided Arbitration Agreement Held Invalid

    BY: Ronald W. Novotny, Jonathan Judge

    What kinds of provisions in arbitration agreements will cause the courts to invalidate them?  The Court of Appeal in the recent case of Baxter v. Genworth North America Corporation analyzed and rejected several of them, in upholding the denial of a motion to compel arbitration of an employee’s wrongful termination and discrimination claims.  Baxter v. […] more

  2. May 19, 2017

    The US Supreme Court Limits Appellate Review Of District Court’s Refusal To Enforce Subpoenas Issued By The EEOC

    BY: Amber Healy, Shawn Ogle

    The United States Supreme Court recently ruled that an appellate court must review a district court’s decision whether to enforce a subpoena issued by the EEOC under an abuse of discretion standard rather than de novo review which provided no deference to the district court’s decision.  McLane Co. v. the Equal Employment Opportunity Commission, 137 […] more

  3. February 26, 2015

    California Court of Appeal Holds That Employee’s Interactive Process Request Is Not Protected Activity For Retaliation Claim

    BY: Jorge Luna, Jonathan Judge,

    On January 21, 2015, the California Court of Appeal held that the City of Santa Monica (the “City”) did not fail to reasonably accommodate an employee, Tony Nealy, where Nealy was unable to perform the essential functions of the job and there were no alternate positions for which Nealy was qualified.  Nealy v. City of […] more

  4. June 6, 2013

    Ninth Circuit Court Of Appeal Reiterates That The Need To Calculate Damages Individually Does Not Defeat Class Certification: A Cautionary Tale About The Domino Effect Of Certain Wage And Hour Violations

    BY: Christopher Andre

    In Jesus Leyva v.Medline Industries, Inc., plaintiff that alleged he and other purported class members were not paid for all hours worked because the employer rounded employee’s start times in 29 minute increments such that an employee clocking in at 7:31 a.m., would be paid only from 8:00 a.m., onward; that the employer excluded non-discretionary […] more

  5. March 8, 2013

    OSHA to Oversee Employee Whistleblower Complaints under Affordable Care Act

    BY: Jonathan Judge

    On February 27, 2013, the Department of Labor (“DOL”) published interim final regulations regarding employee whistleblowing complaints under the Patient Protection and Affordable Care Act (“ACA” a.k.a. the healthcare reform act). The regulations allow employees to file complaints with the Occupational Safety & Health Administration (“OSHA”) against their employers (and health insurance providers) for certain […] more