California business dispute lawyers are familiar with airlines advertising ridiculously low fees that conceal taxes and additional tariffs which consumers are not aware of. Sprint Airways is not likely to advertise its $9 fares anytime soon. The airline has been fined $50,000 by the US Department of Transportation for misleading price advertising.
According to the US Department of Transportation, the airline used false advertising practices to advertise its deceptively low prices on billboards, posters and on Twitter. When the airline began…
By: Sam G. Sherman, Esq.
On November15, 2011, the U.S. Equal Employment Opportunity Commission released its fiscal year 2011 numbers. The full text of the release can be found on the EEOC website.
The EEOC received 99,947 charges of discrimination in fiscal year 2011. This was the highest number in the agency's history. The agency also obtained more than $364.6 million in monetary benefits for individuals claiming workplace discrimination. Finally, the report showed that the EEOC's private sector…
By: Sam G. Sherman, Esq.
In a case argued and briefed by Higgs, Fletcher & Mack's appellate team of John Morris and Victoria Fuller, the Second Circuit Court of Appeals in Haligowski v. Superior Court rejected an attempt to impose individual liability against supervisors for claims of servicemember discrimination in violation of Section 394 of California's Military and Veteran's Code.
California courts previously rejected the imposition of individual liability against managers for discrimination under the Fair Employment and Housing Act (FEHA). (Reno…
By: Sam G. Sherman, Esq.
The Ninth Circuit Court of Appeals decided Kairy v. Super Shuttle International yesterday. At issue was whether a plaintiff could sue in state or federal court alleging independent contractor misclassification or whether the California Public Utilities Commission (PUC) has exclusive jurisdiction over employee classification.
SuperShuttle Internation provides shared-ride airport shuttle service. In California, SuperShuttle is considered a PSC subject to PUC regulations. Prior to 2001, SuperShuttle classified its drivers as employees. SuperShuttle then…
Thanks for all of those that attended HFM's joint employment/immigration seminar. The powerpoint slides from the presentation are attached:
Immigration
Employment
Del Monte Corporation and Barclays Capital Inc. have agreed to settle shareholder lawsuits over Del Monte’s sale to an investor group. As part of the settlement, Del Monte will pay shareholders up to $65.7 million, while Barclays will pay shareholders $23.7 million. The settlement must be approved by the Delaware Court of Chancery.
The shareholders had filed a lawsuit against Del Monte’s buyout by the investor group KKR & Co. The shareholders alleged that the directors on Del Monte's board of…
By: Sam G. Sherman
Higgs, Fletcher & Mack, LLP, in coordination with The Law Offices of Jacob Sapochnick, will host a seminar on November 2, 2011 focusing on Immigration and Employment law issues for San Diego employers. The seminar's flyer can be found here: Employment Seminar.
By: Sam G. Sherman, Esq.
Last week, Governor Brown signed several pieces of new legislation regarding employment. One such bill amended existing law concerning employers with commissioned salesperson.
Under previous law, an employer with no permanent and fixed place of business in the state that enters into a contract of employment involving commissions as a method of payment with an employee for services to be rendered in California was required to put the contract in writing and set forth…
When it comes to promoting their products, San Diego litigation lawyers find that many companies don't shy away from making extravagantly false claims, or resorting to deceptive advertising. Reebok is realizing that such practices can often affect the balance sheet. The company will pay $25 million in refunds to consumers who bought toning shoes that were promoted as being good for muscle strengthening.
The company is settling allegations by the Federal Trade Commission that it engaged in false claims that the…