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May 2008 Newsletter |
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 | Wage and Hour Update: When is Donning and Doffing Compensable
By GALORAH KESHAVARZ, ESQ |
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Naively, many employees complete tasks for the benefit of their employer off-the-clock. These activities may not be labor intensive and might not take up a significant amount of the employee's time on a single occasion, but, nevertheless, many employees are performing preliminary and post-shift activities without proper compensation. A prime example of one such activity is the time employees spend donning and doffing protective gear used during the employee's work shift.
[Read More]
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| Liability for Global Climate Change under U.S. Common Law
By BECKI KAMMERLING, ESQ |
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We have been warned for decades about the catastrophic impact that global climate change will have on our lives if we do not drastically reduce our use of fossil fuels. Fossil fuel industries have ignored these warnings, hoping perhaps that this daunting problem will go away or turn out to be just a bad dream. However, the problem is not going away, and it is very real, affecting millions of people on a daily basis. Now the fossil industry may be liable under U.S. common law for the catastrophic effects of global warming.
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| Growing Trend in Professional Objector Appeals in Class Action Suits
By MATT BAILEY, ESQ |
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On April 21, 2008, the Court of Appeal for the First District, issued a new class action objector opinion, styled Chavez v. Netflix, Inc., __ Cal. App.4th __ (2008 Cal. App. LEXIS 584). Significantly, the Court's Opinion dedicates a great deal of discussion to seemingly frivolous arguments advanced by one objector who, through counsel, not only failed to file its objections in the trial court within the time ordered by the court in the settlement notice [Chavez, 2008 Cal. App. LEXIS 584 at 12], but failed to appear at the final fairness hearing to communicate any objection to the court. See Chavez, 2008 Cal. App. LEXIS 584 at 14.
[Read More]
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