11.19.19
What were the five biggest employment law developments in 2019?
A California federal court decertified a class of millions of Walmart employees after concluding that the named plaintiffs lacked Article III standing to bring their challenge to the employer’s use of background checks.
The diminution of an employee’s duties can constitute an adverse employment action in violation of Title VII, a New York federal court recently held in a case involving an African-American medical doctor.
Agreeing with a trial court that the arbitration agreements at issue were both procedurally and substantively unconscionable, a California appellate panel denied the employer’s motion to compel arbitration.
In a potentially beneficial decision for employers, a California appellate panel ruled that the term “wage and hour … law” in an insurance policy’s exclusion was limited to laws “concerning duration worked and/or remuneration received in exchange for work.”
10.31.19
The Federal Communications Commission (FCC) has asked for input on a new petition addressing whether soundboard technology violates the Telephone Consumer Protection Act (TCPA).
After a California jury sided with the plaintiffs in a Telephone Consumer Protection Act (TCPA) class action against a debt collector, the court entered judgment in the amount of $267 million in damages for the roughly 534,000 calls.
Implementation of the Federal Communication Commission’s (FCC’s) plans for the establishment of a single, comprehensive reassigned numbers database has been pushed back until next year.
Continuing the run of multimillion-dollar settlements in Telephone Consumer Protection Act (TCPA) class actions, a Florida federal court granted preliminary approval for a $26 million deal over text messages.
The recent trend of confusion and uncertainty surrounding the proper definition of an automatic telephone dialing system (ATDS) continues in full force as courts remain split on the issue.