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Noteworthy Publications

• “‘De Minimis’ May Be Down, but It’s Not Out—And What Does It Mean for Employer Rounding Policies in California?,” Blank Rome Workplace (August 2, 2018)
• “Ignoring Compelling Legislative History Opens PAGA Floodgates,” Daily Journal (June 4, 2018)
• “Keep Holy the Labor Code:  Providing Days of Rest for California Employees” (May 16, 2017)
• “California Appellate Court Rules That Employers Must Separately Compensate Commission-Based Employees For Rest Breaks” (March 7, 2017)
• “U.S. Court of Appeals Says Pre-Employment Background Check Disclosures and Liability Waivers Do Not Mix” (February 2, 2017)
• “Hard Work Today Can Lead To Liability Tomorrow: The Democratic National Committee Organizers Allege They Were Not Paid Overtime Under State and Federal Law” (November 14, 2016)
• “More Than Money: Qualcomm Promises Change To Settle Gender Pay Class Action” (October 7, 2016)
• “Not All Rounding Practices Are Created Equal: Indiana Court Certifies Class Despite Individualized Questions Concerning Hours Worked” (October 25, 2016)
• “Primary Beneficiary Test Expanded Under New York State Law Ends Intern Class Action” (September 2, 2016)
• “PAGA Performance,” Los Angeles Lawyer (June 2016)
• “He said, she said:  Employment litigators debate California’s Private Attorney General Act,” Westlaw Journal Employment (June 7, 2016)
• “Advising Clients On The Best Way to Navigate Whistleblower Issues,” Verdict Magazine (Summer 2015)
• “Has PAGA Really Made a Difference,” Daily Journal (June 2, 2015)
• “If it Walks Like a Class Action Duck…Despite Perceived Victories by Plaintiffs in PAGA” (May 13, 2015)
• “Class Certification Denied Where Employer Had Lawful Policies” (May 20, 2016)
• “California Supreme Court Clarifies Suitable Seating Law” (April 15, 2016)
• “Where You Do Business Could Determine Whether You Pay Your Underwriters Overtime” (April 11, 2016)
• “Averaging The Way To Classwide Liability” (March 25, 2016)
• “Oops, They Did It Again: New PAGA Legislation Proposes the LWDA Take Back Previously Delegated PAGA Power” (February 9, 2016)
• “PAGA Takes a Back Seat To No One: California Supreme Court To Interpret Suitable Seating Law” (January 28, 2016)
• “Trial Management Concerns Prevail in Denying FLSA Conditional Certification” (January 27, 2016)
• “Court Rules Settlement Offers Can’t Kill Class Actions” (January 21, 2016)
• “Policies Are a Start But Practice Makes Perfect” (November 10, 2015)
• “Do Not Pass Go: A Company’s Uniform Compensation Policy May Be All That Is Needed To Get Free Money” (October 22, 2015)
• “Will The Supreme Court Put A Nail In The PAGA Discovery Coffin?” (October 13, 2015)
• “‘Shocking’ PAGA Revelation: Employees Aren’t Actually Attorney Generals” (October 8, 2015)
• “California’s Dual Background Check Statutes – Which One Checks Out?” (September 23, 2015)
• “Uber Faces Class Action Lawsuit for Data Breach of Employee Information” (August 27, 2015)
• “Employees Down But Not Out As Unpaid Intern Lawsuits Keep Coming in a Post-Glatt World: The Olsen Twins’ Company Gets Sued” (August 13, 2015)
• “California Supreme Court Reminds Plaintiffs that Arbitration Agreements Don’t Have to be Fair or a Good Bargain to be Enforceable” (August 11, 2015)
• “UPDATE: California Court of Appeal Upholds Class Certification Under the Unfair Competition Law in Safeway v. Superior Court” (August 11, 2015)
• “Square Peg, Round Hole: Will California’s Independent Contractor Test Catch Up To the 21st Century?” (June 24, 2015)
• “Lawful Shmawful: Ninth Circuit Ignores Lawful Written Policy and Uses Statistical Sampling to Certify Class Based on Alleged ‘Unofficial Policy’” (September 22, 2014)
• “California Court Allows Dodd-Frank Whistleblower Claims to Proceed Despite Absence of Complaint to SEC” (November 4, 2014)
• “San Francisco Handcuffs Employers to Give Ex-Cons a Break,” Wall Street Journal (August 11, 2014)
• “California Courts May No Longer Be Able to Certify a Ham Sandwich,” Corporate Counsel (June 26, 2014)
• “Guidance on Statistics in Class Actions,” Daily Journal (June 4, 2014)
• “Rebuking ‘Trial by Formula,’ Federal Court Decertifies Rule 23(b)(3) Class Action” (May 8, 2014)
• “Ninth Circuit Clarifies Removal CAFA Removal Requirements” (February 28, 2014)
• “Cal. Appellate Court: Cal. State Courts Have Concurrent Jurisdiction Over FCA Retaliation Claims” (February 6, 2014)
• “California Appellate Court Affirms Denial Of Class Certification” (January 22, 2014)
• “Appellate Courts Shift Course on Certification,” Daily Journal (January 9, 2014)
• “California Employers Down, But Not Out, Concerning Class Certification Issues” (January 7, 2014)
• “Calif.: New Law Expands Protections for Whistleblowers,” Society for Human Resource Management (December 16, 2013)
• “New California law Expands Protections for Whistleblowers” (December 12, 2013)
• “Court Holds Arbitration Agreement Requiring Employee to Pay Half of Arbitration Costs is Unconscionable” (November 6, 2013)
• “CA Supreme Court Holds That Employees Are Bound By Arbitration Agreements Waiving Right To A Labor Comm’r Hearing” (October 21, 2013)
• “Employer Held Not Vicariously Liable For Employee’s Alleged Negligent Use Of Company Car” (October 10, 2013)
• “OSHA Awards $1.9 Million To SOX Whistleblower” (October 9, 2013)
• “Brinker Round 2: Plaintiffs Secure Class Certification in Trial Court” (October 1, 2013)
• “Ninth Circuit Invalidates Attempt To Plead Around CAFA’s Jurisdictional Amount In Controversy” (September 3, 2013)
• “How to Defend Regional Class Actions,” Los Angeles Daily Journal (August 23, 2013)
• “Second Circuit Reaffirms Enforceability of Arbitration Agreements Containing Collective Action Waivers In Two FLSA Cases” (August 13, 2013)
• “Plaintiffs look to PAGA as Class Certifications Get Tougher,” Daily Journal (May 1, 2013)
• “California Court Rejects Class Action Waivers In Employment Arbitration Agreements” (April 1, 2013)
• “Rounding Is Lawful In California – As Long As It’s Even-Handed” (November 1, 2012)
• “Brinker Dooms Class Certification of Meal and Rest Period Claims” (September 5, 2012)
• “Changes May Be Coming for Pregnancy Discrimination Rules and Leave Laws in California,” Society for Human Resource Management (July 2012)
• “California Court Approves Class Action Waivers In Employment Arbitration Agreements,” Society for Human Resource Management (June 11, 2012)
• “Employees Must Live With Their Agreements; California Court of Appeal Affirms Class Action Waivers In Employment Arbitration Contracts” (June 8, 2012)
• “Employee-Friendly Pregnancy Rules Could Get More So,” The National Law Journal (May 22, 2012)
• “Actual Work Activities Performed, Not Employer Policies Alone, Trump in Denial of Class Certification” (March 21, 2012)
• “Verizon Rings In The New Year Without A Certified Class: Plaintiffs Need More Than A Common Policy To Win Class Certification” (January 6, 2012)
• “Brinker Alert: California Supreme Court Hears Oral Argument on Meal and Rest Break Case” (November 8, 2011)
• “The Rule 68 Pen Is Not Mightier Than The Class Certification Sword: The Ninth Circuit Holds That Unaccepted Rule 68 Offers Will Not Moot Class Certification” (August 15, 2011)
• “Conjunction Junction, What’s Your Function?  The Ninth Circuit Finds Junior Accountants And Other Non-Licensed Professionals May Be Exempt” (June 22, 2011)
• “California Court Refuses To Cut Employers A Break on Missed Breaks” (March 8, 2011)
• “The Meal Deal in California” (January 31, 2011)
• “Court Rules that California Labor Code Section 226(a) Does Not Require Employers To Itemize Earned Vacation Hours on Wage Statements” (January 26, 2011)