United States: Relying On Duran, California Court Of Appeal Upholds Denial Of Certification In Alleged Misclassification Action

The recent California Court of Appeal decision in Mies v. Sephora U.S.A., Inc., Case No. A139410 (1st App. Dist., Feb. 2, 2015) (unpublished) joins a growing number of cases finding the existence of uniform corporate policies, standing alone, is insufficient for class certification.  Mies upheld the trial court’s decision denying certification in a misclassification case alleging retail store “Specialists” were misclassified as exempt.

The putative class consisted of approximately one hundred Specialists employed at one […]

By | February 10th, 2015 ||

Blowing The Whistle: The OSC Proposes Canada's First Whistleblower Program

On February 3, 2015, the Ontario Securities Commission (the “OSC”) issued a Consultation Paper1 seeking input on a proposed Whistleblower Program (the “Program”). The Program follows similar approaches previously adopted by the U.S. Securities Exchange Commission and the Canada Revenue Agency, and is designed to encourage reporting to the OSC of misconduct or possible breaches of Ontario securities law. Reporting will be encouraged through whistleblower protection and financial incentives of up to $1.5 million. […]

By | February 10th, 2015 ||

United States: Healthcare Employer Lands In Patient-Privacy Predicament

Healthcare providers are required by law to maintain the privacy of most patient information, and there are good business reasons for medical practices to protect patients’ personal information. In a recent case, a medical practice group found itself unwittingly having to disclose what it considered to be private information of its patients in order to defend a lawsuit brought by former employees. Peace v. Premier Primary Care Physicians, S.C.

Overtime Pay and Retaliation Claims
Wendy Vera […]

By | February 9th, 2015 ||