Employee may proceed with retaliation action against employer’s counsel, as Fair Labor Standards Act applies not only to employers, but to ‘any person’ discriminating against an employee filing complaint.
3
Jun
Jun
Cases of Interest
Day of Rest Required by Labor Code Sections 551 is calculated by workweek rather than by any 7 consecutive days
Relation-back doctrine cannot save a cause of action if the original complaint fails to state facts sufficient to provide notice of the essential nature of the claim.
31
May
May
Disqualification of law firm appropriate following firm’s violation of ethical obligations regarding use of inadvertently disclosed privileged email.
A supplier can discharge its duty to warn under the “sophisticated intermediary doctrine,” defense if it: 1) provides adequate warnings to the product’s immediate purchaser, or sells to a sufficiently sophisticated buyer, and 2) reasonably relies on the buyer to warn end-users about the harm.