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…
Thanks for all of those that attended HFM's joint employment/immigration seminar. The powerpoint slides from the presentation are attached:
Immigration
Employment
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…
By: Alexis Gutierrez
In Hofferica v St. Mary Medical Center, a staff nurse sued her hospital employer after she was fired—when she did not return—at the end of her approved FMLA leave. The employee alleged that, during her leave, she would call in to the hospital to provide leave updates -- but the hospital did not return these calls.
The employee accused the hospital of rejecting her request for a brief Leave extension, and ultimately firing her for failing to return…
By: Alexis Gutierrez
The NLRB has issued a Final Rule that requires employers to notify employees of their rights under the NLRA. This regulation is a mandatory posting effective November 14, 2011.
The notice is currently available at here. Employers that choose to download the notice from the NLRB’s website are required to print it on 11x17-inch paper, or on two 8 ½ x11 sheets.
NOTE : The NLRB was recently sued by a manufacturing group, contesting the new posting rule…
By: Jason C. Ross, HFM Labor & Employment Associate
California and Federal anti-discrimination laws generally preclude qualified employers from discriminating against employees “because of” protected attributes and classes, including certain disabilities. One protected disability under both California and Federal employment law is rehabilitated drug addicts.
In a recent California case, the federal Ninth Circuit Court of Appeals considered the legality of an employer policy forever disqualifying job applicants from employment if they ever failed the employer’s pre-employment drug screen. (Lopez v. Pacific…
A federal appeals court has decided that a real estate lawsuit filed by homeowners against builders, accusing them of marketing other homes in the neighborhood in a reckless manner, inflating demand and deflating prices, can proceed. The Ninth U.S. Circuit Court of Appeals in San Francisco has ruled that a federal district judge in Riverside, California, who dismissed the plaintiffs’ complaint, erred in his judgment.
The lawsuit names major homebuilders including MDC Holdings Inc., Beazer Homes USA Inc., Lennar Corp., Ryland…
A judge has ruled that customers of SunTrust Bank Inc. and M&T Bank Corporation can file class action claims against these institutions in federal court, and are not limited to using arbitration to resolve business disputes.
According to the ruling by U.S. District Judge James Lawrence King in Miami, customers who wish to file class action litigation against these companies over disputes relating to overdraft fees can do so. The court found the arbitration clauses in customer agreements to be unconscionable.…