By Mani Dabiri | Published June 15, 2018 | Posted in Civil Business Litigation and Investigations, Government Subpoenas and Investigations, White-Collar and Regulatory Defense | Tagged Tags: businessandcommerce, laborandemployment, mensrea, PAGA, whistleblowers |
The Name of the Game is Compliance
Two more points for now on California’s Private Attorneys General Act. First, in many cases, you don’t have to prove that your employer’s violation hurt you or cost you anything. You just need a violation. For example, the Labor Code requires pay stubs to accurately itemize certain basic information. If yours don’t, it’s a violation Read More
Read MoreCalifornia’s Private Attorneys General Act
Here’s more of what we touched on last week. Under PAGA, employees can sue their employers for all labor-code violations against them and their fellow employees. To do it, you have to be a current or former employee who was affected by at least one of the violations. If so, you can sue on behalf of Read More
Read MoreIran Sanctions Look to Snap Back
By now you’ve heard the news, and it’s pretty much what it sounds like. Following a wind-down period of 90 or 180 days, the U.S. government will restore the economic sanctions that it lifted under the 2015 nuclear deal. These sanctions generally affect foreign businesses who do business with Iran. After the wind-down periods, they Read More
Read MoreThe California Equal Pay Act
We talked about the federal Equal Pay Act last week, but California’s had its own law since 1949. You’ll find it in Labor Code section 1197.5. Importantly, since 2017, California’s law covers not just sex but race and ethnicity. So if there’s a difference in pay between employees along those lines, an employer must explain Read More
Read MoreYou Can’t Rely on Prior Wages or Salary to Pay Women Less
One of the last cases of Judge Reinhardt’s life had to do with the Equal Pay Act of 1963. He wrote the decision, which was published last week, and it begins with these words: “The Equal Pay Act stands for a principle as simple as it is just: men and women should receive equal pay for equal work Read More
Read MoreThe Truth About Facebook
Ask this expert on data science what Congress should have asked Mark Zuckerberg last week, and she’ll say, nothing. If that surprises you, please understand that these hearings are not designed to deliver the truth. They’re designed to tell the public that, if there’s a problem, the government is doing something about it. So you’re not gonna Read More
Read MoreThe Microsoft-Ireland Case is Moot
We covered this before here and here. But the high-profile case of United States v. Microsoft Corporation is now over. The question was whether the government could force Microsoft to turn over data that it stored on servers in other countries. The problem was that federal law didn’t allow the government to do that, or at least Read More
Read MoreThe End of Absolute Immunity for Prosecutors
Another outstanding feature by The Marshall Project. It’s written by a senior federal trial judge in New York. For 23 years, he’s sentenced the likes of murderers, rapists, gangsters, and fraudsters—some to prison for the rest of their lives. But he says it’s time to put an end to absolute immunity for prosecutors. Absolute immunity is what Read More
Read MoreWhen You Walk a Mile in Their Shoes
You may never serve on a jury, but suppose you did. How would you feel—how would any of us feel—if we voted to convict someone innocent? This person knows. In 2009, she voted to convict a 17-year-old boy for murder based on the testimony of one eyewitness. The witness and victim were friends, and they were Read More
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