Moira Heiges-Goepfert, an Outten & Golden LLP attorney who represents California workers, said the case sets up an opportunity for the justices to explain just how much of an impact a state law needs to have on motor carriers to trigger FAAAA preemption.
"It's a perfect policy question," she said. "What does 'related to' mean?"
"The Ninth Circuit is saying the state law has to be pretty closely related to a price, route, or service, a very specific interpretation," she said. "Whereas the First Circuit has taken a much broader view and said anything that has a significant impact on routes or prices or service would be enough to be preempted."
Nantiya Ruan, director of the University of Denver’s workplace law program and a part-time attorney at Outten & Golden, where she represents employees in class action cases, said that labor and employment and labor law has always intersected with public health, the study of population-level health. However, Ruan explained, public health’s impact on employment law was never at the scale currently seen. “That really changed the whole frame of reference for how public health can affect workplace law and workplace rights.”
Outten & Golden LLP, By Tammy Marzigliano, Pawanpreet Dhaliwal, and Brittany Arnold
Daryl Woodruff was an interim superintendent and contender for a leadership position at PG&E. He was fired for fabricated performance issues after he spoke his conscience twice. First, he stood up for himself and his colleagues by complaining of race discrimination to the company’s human resources department. Second, he reported his good faith belief that other PG&E leaders had failed to inspect defective, potentially explosive electrical transformers and lied about it,...
A health care staffing company's recent bid to pursue high court review of a Ninth Circuit ruling on when per diems factor into overtime pay elicits some key takeaways, including that while per diems should be closely tied to actual expenses they can still vary based on hours worked, attorneys say.
A proposed class action accusing financial services company Social Finance Inc. of discriminating against immigrants will continue after a California federal judge junked the company's bid to push the allegations into arbitration.
Outten & Golden LLP is pleased to announce the addition of seven associates to the law firm's growing practice that includes representation of employees, executives, and partners in litigation and transactional matters. Five of the lawyers will join the firm’s New York office, and the sixth joins the Washington, D.C., office, and the seventh joins the San Francisco office.
The U.S. Supreme Court's Tuesday ruling that transportation workers, regardless of whether they're employees or independent contractors, are exempt from the Federal Arbitration Act chipped at the shield some employers have long relied on to insulate themselves from legal attacks, experts say.
Me Too just got dealt a major blow by the Supreme Court.
On Monday, in an opinion written by Trump appointee Neil Gorsuch, the court ruled 5-4 that it is legal for employers to require workers to sign away their right to file class-action lawsuits against the employer ― and instead be forced to take their disputes to individual arbitration, a private court system in which companies typically have the upper hand.
For many women, the ruling means they will no longer be able to band together to fight systemic sexual discrimination or harassment in court. Women’s rights advocates...