Ruling Holding Independent Contractors to Be Employees Challenged

Ruling Holding Independent Contractors to Be Employees Challenged

Audet & Partners, LLP reports that a recent ruling by the Ninth Circuit Court of Appeals holding truck drivers to be employees rather than independent contractors of Affinity L ...

PAGA Claims Sent to Arbitration by Federal Court

PAGA Claims Sent to Arbitration by Federal Court

A federal court in California has looked to the Federal Arbitration Act in upholding mandatory arbitration agreements as a bar to employment claims under the California Private Att ...

Private Attorneys General Act Lawsuits Not Barred by Arbitration Clauses

Private Attorneys General Act Lawsuits Not Barred by Arbitration Clauses

Audet & Partners, LLP reports that a new opinion issued by a California appellate court has revived employment claims brought by a workers under the California Private Attorney ...

New Contractor Law Heightens Protection for California Contractors

New Contractor Law Heightens Protection for California Contractors

Audet & Partners, LLP reports that Gov. Jerry Brown of California has signed into law Assembly Bill 1897 that now makes most companies with 25 or more employees strictly liable ...

Private Attorneys General Act Lawsuit Viability to Be Considered by U.S. Supreme Court

Private Attorneys General Act Lawsuit Viability to Be Considered by U.S. Supreme Court

Within California, an extensive list of employment-related legal violations may be pursued by individuals acting as "proxies" for the California Attorney General in ensuring safe a ...

Whistleblower Award Nets $30 Million for Informant

Whistleblower Award Nets $30 Million for Informant

Audet & Partners, LLP has learned that the Securities and Exchange Commission is poised to pay out around $30 million to an individual who called ongoing fraud to the governmen ...

Whistleblower Lawsuit Against Boston Scientific Proceeds in Federal Court

Whistleblower Lawsuit Against Boston Scientific Proceeds in Federal Court

A whistleblower lawsuit brought by former employees of Boston Scientific Neuromodulation Corp. accuses the company of presenting fraudulent claims and engaging in an kickback schem ...

Ruling Holding Independent Contractors to Be Employees Challenged

Audet & Partners, LLP reports that a recent ruling by the Ninth Circuit Court of Appeals holding truck drivers to be employees rather than independent contractors of Affinity Logistics Corp. has been appealed to the U.S Supreme Court.  In June, the Ninth Circuit held that delivery drivers had been improperly classified by Affinity as independent contractors based primarily on the degree of control that ...

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PAGA Claims Sent to Arbitration by Federal Court

A federal court in California has looked to the Federal Arbitration Act in upholding mandatory arbitration agreements as a bar to employment claims under the California Private Attorneys General Act (PAGA). Sitting in the U.S. District Court for the Central District of California, U.S. District Judge Jesus Bernal granted a Motion to Compel Arbitration brought by defendant 20/20 Communications, Inc. In so do ...

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Private Attorneys General Act Lawsuits Not Barred by Arbitration Clauses

Audet & Partners, LLP reports that a new opinion issued by a California appellate court has revived employment claims brought by a workers under the California Private Attorneys General Act ("PAGA") despite the fact that the worker had signed a mandatory arbitration agreement in connection with her employment.  Reyna Marie Ybarra v. Apartment and Investment Management Co., case number B245901, in the Co ...

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New Contractor Law Heightens Protection for California Contractors

Audet & Partners, LLP reports that Gov. Jerry Brown of California has signed into law Assembly Bill 1897 that now makes most companies with 25 or more employees strictly liable for specific violations related to compensation, workers' compensation, and occupational health and safety mandates that impact contractors. The new California law, to become effective on January 1, 2015,  protects contractors by ...

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Private Attorneys General Act Lawsuit Viability to Be Considered by U.S. Supreme Court

Within California, an extensive list of employment-related legal violations may be pursued by individuals acting as "proxies" for the California Attorney General in ensuring safe and fair working conditions.  Under this Private Attorneys General Act, or PAGA, the state has set up specific procedures for pursuing these violations, as well as specific penalties to remedy and discouraging these violations. For ...

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Hotel Add-On Fees Prompt Class Action Lawsuits

In an effort to buttress profits similar to hidden charges imposed by airlines for several years, hotels and resorts are increasingly imposing add-on and use fees to customary rates.  These charges may be for "resort fees," charges for mini-bar or in-room snacks, and the like. to the extent that such charges are not clearly transparent to the consumer, the establishment may run afoul of the law and become s ...

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Whistleblower Award Nets $30 Million for Informant

Audet & Partners, LLP has learned that the Securities and Exchange Commission is poised to pay out around $30 million to an individual who called ongoing fraud to the government's attention.  The fraud in question apparently involved illegal investment-related activity that defrauded investors of millions of dollars.  In a formal Order, the SEC stated that the whistleblower award would have been  more s ...

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Navistar Lawsuit Investigation Involving Maxxforce EGR Diesel Engines

Audet & Partners, LLP is investigating class action claims raised in a Navistar lawsuit that the company’s Maxxforce EGR diesel engine may have been sold to consumers in a defective and unreasonably dangerous condition in model years 2008-2013. Recent claims coming to the attention of Audet & Partners, LLP suggest that Navistar trucks sold in these model years were equipped with the Maxxforce EGR di ...

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Whistleblower Lawsuit Against Boston Scientific Proceeds in Federal Court

A whistleblower lawsuit brought by former employees of Boston Scientific Neuromodulation Corp. accuses the company of presenting fraudulent claims and engaging in an kickback scheme with doctors involving its Precision Plus spinal cord stimulation system. Two former Boston Scientific employees filed the case alleging that, in addition to presenting fraudulent Medicare claims, the company pushed a non-approv ...

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Cheerleader Class Action Lawsuit Averted by Oakland Raiders

The Oakland Raiders franchise of the National Football League has averted a class action lawsuit brought on behalf of approximately 90 cheerleaders who worked for the team between 2010 and 2013. The class action lawsuit, which originally had been brought by lead plaintiff and Raiderette “Lacy T,” alleged that during the class period, each of the Raiderettes were paid $1,250 for an entire season which allege ...

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