In Rizo v. Yovino, 2018 U.S. App. LEXIS 8882 (April 9, 2018), the en banc court held that "prior salary alone or in combination with other factors cannot justify a wage differential. To hold otherwise - to allow employers to capitalize on the persistence of the wage...
On February 27, 2018, in an opinion by Justice Sotomayor, the Supreme Court of the United States unanimously decided Merit Management Group, LP v. FTI Consulting, Inc. No. 16-784, holding that the only relevant transfer for purposes of the 11 U.S.C. § 546(e)...
The Ninth Circuit Court of Appeals in In re Charlene Milby, Nos. 16-60022 and 16-60023, reversed the bankruptcy court and affirmed the BAP's decision, but on other grounds, to hold that the two year statute of limitations for avoidance actions could be equitably...
In U.S. Bank Nat'l Ass'n v. Village at Lakeridge, LLC the Supreme Court considered whether the Ninth Circuit's application of clear error review to a bankruptcy court's determination under its non-statutory insider test was erroneous. In the Ninth Circuit, an...
In Perez v. Bui, No. CC-17-1102-FLKu, slip op. (B.A.P. 9th Cir. Feb. 8, 2018), the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed summary judgment in favor of the Chapter 7 Trustee for actual and constructive fraudulent transfer of real property. Before...
In Lawson v. ZB, N.A., 18 Cal. App. 5th 705 (2017), Plaintiff asserted various wage and hour claims and a California Private Attorneys General Act ("PAGA") claim against Defendant employer seeking penalties and underpaid wages pursuant to Cal. Labor Code § 558....
In Douglas v. Xerox Bus. Servs., LLC, 2017 U.S. App. LEXIS 22967 (9th Cir. Nov. 15, 2017),the Ninth Circuit Court of Appeal considered whether compliance with the Fair Labor Standards Act's ("FLSA") minimum-wage provision should be determined based on the workweek as...
The Fair Employment and Housing Act ("FEHA") currently requires that employers with 50 or more employees provide sexual harassment training to all supervisory employees. This training must first take place within six months of promotion/hire to the supervisory...
In Morales-Simental v. Genentech, Inc., 2017 Cal. App. LEXIS 915, Plaintiffs and appellants Morales-Simental, et al. appealed from a summary judgment granted in favor of defendant and respondent Genentech, Inc. Plaintiffs alleged they suffered injuries and...
In Hyatt v. Yee, the plaintiff disputed the California Franchise Tax Board's ("FTB's") determination that he owed $7.4 million in unpaid taxes for the 1991 and 1992 tax years on the ground that he moved to Nevada in 1991. Under California law, a plaintiff contesting...