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Total Articles: 3

Ninth Circuit Withdraws Decision Applying Dynamex Retroactively

Executive Summary: On July 22, 2019, the Ninth Circuit withdrew its recent decision applying the landmark employee/independent contractor classification case, Dynamex, retroactively and indicated that it will be certifying the question to the California Supreme Court.

California Confectioner Defeats Worker’s Age Discrimination Claim

Armenta v. Morris National, Inc., No. B255575 (March 27, 2015): Discrimination claims often ensue after a reduction in force (RIF) because laid off employees second-guess management’s selection process. However, as seen in a recent unpublished California Court of Appeal decision, a systematic approach focusing on business needs and objective criteria can ultimately lead to a successful defense against such claims.

Litigating Age Claims in California: Not Every Settlement Agreement Requires OWBPA Consideration and Revocation Periods

I represent a national company with operations in California. A former employee recently filed a lawsuit against them in a California state court. After negotiating with opposing counsel, the parties entered into a settlement agreement resolving the lawsuit after the action was filed but before trial.
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