Shepherd, Finkelman, Miller & Shah, LLP
Shepherd, Finkelman, Miller & Shah, LLP
866-540-5505 877-891-9880

Dedicated Client Advocacy

Employment Archives

CKE Restaurants Class Action Signifies Shift in Administrations

According to economic theory, monopolies stifle competition by disrupting the balance between supply and demand, which creates an unfair advantage for suppliers who raise prices for consumers. Recently this theory has been applied to the labor market. When monopolies limit the amount of choices in the job market, employees have little bargaining power in their wage or income. Antitrust laws are intended to protect the economy from monopolies.

Amazon Again Faces Joint Employer Liability

Over a year ago, we discussed the settlement that occurred between a class of warehouse workers in California and two joint employers, SMX LLC and Amazon.com LLC ("Amazon"). Last November, Amazon was notified of another joint-employer suit, along with Silverstar Ltd. ("Silverstar") and Gold Standard Transportation Inc. ("Gold Standard").

Costco's California Wage Statement Class Action is Dismissed

In May 2012, Loretta Apodaca ("Apodaca") alleged that Costco Wholesale Corp. ("Costco") failed to provide her with proper wage statements under California law, which requires companies to provide hours worked and hourly rates. After the Central District of California dismissed Apodaca's case, Apodaca appealed it to the Ninth Circuit.

JC Penney's $4.5 ERISA Settlement Approved

When employers provide employees retirement benefits, they must follow guidelines set by the Employment Retirement Income Security Act ("ERISA"). According to the law, employers are fiduciaries when they provide retirement plans, and thus must act in their employees' best interest. A 401(k) is a type of retirement plan, set up by employers, that allows employees to invest a portion of their salaries, tax deferred, into investments products such as stocks or mutual funds.

There Are Many Common Violations of the Law Concerning Wages

As an employee, you hope you're never faced with a dispute regarding your employer. Unfortunately, when it comes to wages and benefits you never know if something could go wrong. If this happens, you have every right to stand up for yourself.

SOX Act Preempts Privileged Communication in Whistleblower Case

Whistleblowers are an important asset in fraud litigation because they provide insider information that would not otherwise be available to regulators, law enforcers, and private attorneys. Because whistleblowers are so important, they are protected under statutes such as the False Claims and Dodd-Frank Act. Sometimes, this protection even supersedes the confidential and privileged communications restrictions that otherwise restrict what a whistleblower can divulge. In fact, when Bio-Rad Laboratories Inc. ("Bio-Rad") tried to block its former general counsel, Sanford Wadler ("Wadler"), from providing evidence, arguing it was privileged information, Chief Magistrate Judge Joseph C. Spero of the Northern District of California found the information admissible under the Sarbanes-Oxley Act ("SOX Act").

DOL spotlight: workers, wage claims and employer retaliation

Here's a point that comes through with crystal clarity in a recent federal blog post authored in tandem by two U.S. Department of Labor administrators: some seriously high wattage will power the beam focused by federal regulators on any wage-based claim featuring allegations of employer retaliation.

Is There Any Place in Business for a Non-Compete Agreement?

So-called non-compete agreements have become something of a pariah in the business world in recent years, suffering from a barrage of complaints that tag them as repressive instruments that unfairly burden workers. One recent article penned by a U.S. Department of Labor attorney calls them "overbroad, blunt instruments" that are far too often used in lieu of other means of balancing the employer-employee relationship.