Cassandra Frias

Seyfarth Shaw LLP

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ERISA Case Signals New Theories for Plaintiffs’ Bar

Seyfarth Synopsis: After focusing most of its attention on retirement benefit plans, a recent complaint filed in the District of Connecticut shows that the plaintiffs’ bar is turning to health and welfare plans as targets for...more

3/27/2023 / Breach of Duty , Corporate Counsel , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Fiduciary Duty , Retirement Plan

The Death of Rounding Practices May Be Around the Corner

Seyfarth Synopsis: Neutral rounding policies have long been approved by the California courts. See’s Candy Shops, Inc. v. Superior Court (2012). However, the California Court of Appeal recently held that employers who “can...more

11/1/2022 / Employer Liability Issues , Employment Litigation , Motion for Summary Judgment , Summary Judgment , Wage and Hour

SCOTUS Bids FAArewell to Prohibition of Representative PAGA Waivers Contained in Arbitration Agreements

Seyfarth Synopsis: On June 15, 2022, in Viking River Cruises v. Moriana, the United States Supreme Court ruled that individual claims under the California Private Attorneys General Act (“PAGA”) can be compelled to arbitration...more

6/16/2022 / Arbitration , Arbitration Agreements , Employment Litigation , Federal Arbitration Act , Labor Law Violations , Preemption , Private Attorneys General Act (PAGA) , SCOTUS , Viking River Cruises , Viking River Cruises Inc v Moriana

A Job Applicant Is Not An Employee For Compensation Purposes

SSeyfarth Synopsis: The Ninth Circuit recently concluded that job applicants are not entitled to compensation for time devoted to pre-employment drug tests because an employment relationship has not yet been formed. The Ninth...more

6/15/2022 / Drug Testing , Employer Liability Issues , Hiring & Firing , Job Applicants , Wage and Hour

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