Dan Mahoney, Author at Hunter Pyle Law

Supreme Court Limits Companies’ Ability to Pick-Off Class Action Plaintiffs

Dan MahoneyMarch 11, 2016March 13, 2017

If a defendant offers to settle a class action plaintiff’s individual claims in full, but the plaintiff rejects the offer, is the class action moot?

In Campbell-Ewald Co. v. Gomez (Case No. 14-857), the plaintiff brought a class action consumer protection lawsuit under the Telephone Consumer Protection Act (TCPA) against a government contractor. Prior to class certification, the defendant extended a settlement offer to the individual named plaintiff which would have provided full relief of the plaintiff’s claims. The plaintiff refused the offer. The defendant argued that the settlement offer mooted the plaintiff’s class action claims because it provided him with complete relief, even though the offer was rejected.

The Supreme Court said no. Continue reading “Supreme Court Limits Companies’ Ability to Pick-Off Class Action Plaintiffs” →

California Law Prohibits Workplace Discrimination and Harassment Against Interns and Volunteers

Dan MahoneyFebruary 25, 2016March 13, 2017

Did you know that California is one of only three states in the US to protect interns and volunteers from harassment and discrimination in the workplace?

If you are an intern, volunteer or apprentice in California, you have the right to be free from harassment and discrimination at work. Under the California Fair Employment and Housing Act (FEHA) (California Government Code 12940), it is unlawful for an employer to harass or discriminate against an intern, volunteer or participant in an apprenticeship training program on the basis of race, sex, sexual orientation, disability, religion, or any other classification protected by law. Continue reading “California Law Prohibits Workplace Discrimination and Harassment Against Interns and Volunteers” →

Do I Get Paid Sick Leave?: Decoding California’s New Paid Sick Leave Requirements

Dan MahoneyNovember 5, 2015March 13, 2017

In 2015, the California Healthy Workplace Healthy Family Act (AB 1522) came into effect. Because of this new law, many California employees are now entitled to paid sick leave. Below are answers to some frequently asked questions about California’s new paid sick leave law. Continue reading “Do I Get Paid Sick Leave?: Decoding California’s New Paid Sick Leave Requirements” →

How Much Notice is Required Under PAGA? Ninth Circuit Provides Guidance in Unpublished Decision

Dan MahoneyOctober 29, 2015

This month in an unpublished opinion in Green v. Bank of America, No. 13-56023 (9th Cir. Oct. 13, 2015), the Ninth Circuit clarified the standard for exhaustion of administrative remedies under the California Private Attorneys’ General Act (PAGA). The plaintiffs are now petitioning the court to have this decision published, so that the PAGA notice standard becomes the law of the Circuit. Continue reading “How Much Notice is Required Under PAGA? Ninth Circuit Provides Guidance in Unpublished Decision” →

Proposed Changes to Overtime Laws Will Help Millions of Employees Nationwide

Dan MahoneyAugust 25, 2015March 13, 2017

In July, the United States Department of Labor (DOL) announced a new rule that would extend federal overtime protections to millions of “white collar” workers. Continue reading “Proposed Changes to Overtime Laws Will Help Millions of Employees Nationwide” →

California Labor Commissioner Ruling that Uber Driver is an Employee is a Potential Big Win for California Employees

Dan MahoneyJune 18, 2015March 13, 2017

The California Labor Commissioner’s ruling this week that Uber drivers must be considered employees, not independent contractors, is a big step forward for the rights of hundreds of thousands of drivers in California. Although this ruling applies only to the driver Barbara Ann Berwick, who brought this complaint, it paves the way for class action lawsuits that could force the company to fundamentally change the way it does business. Continue reading “California Labor Commissioner Ruling that Uber Driver is an Employee is a Potential Big Win for California Employees” →