Antidote to Wage and Hour Class Actions: Supreme Court Invalidates California Law On Class Action Waivers On April 27, the U.S. Supreme Court held in AT&T Mobility v. Concepcion that the Federal Arbitration Act ("FAA") preempts California law prohibiting the enforcement of class action waivers in arbitration agreements. In a 5-4 vote, the Court narrowly […]
Hospitals Are A Target For Wage And Hour Class Action Lawsuits What Health Care Employers Need to Know by Marta Fernandez and Amy Messigian This article appeared in the May 16, 2011 issue of the Orange County Business Journal. To view this article as a pdf, click here. In recent years, Southern California hospitals have […]
On March 19, 2009, the U.S. Department of Labor published model notices to help plans and employers comply with new requirements for notifying terminated employees of their right to receive health care premium subsidies for COBRA payments under the American Recovery and Reinvestment Act of 2009 (ARRA). New Employer Obligations Two new COBRA notice requirements […]
THE EMPLOYEE FREE CHOICE ACT WILL USHER IN A NEW ERA OF UNIONIZATION, BUT HOW QUICKLY WILL IT BECOME LAW? by Travis Gemoets ABA’s Tort, Trial and Insurance Practice Committee News on Employment Law & Litigation, Winter 2009 For thirty years, the number of unionized employees in the American workforce has been in decline. Across […]
A version of Marta Fernandez’s article titled, "New Era (of Unionization)," was published in the December 2008 issue of Lodging Law by the American Hotel and Motel Association (AH&LA). To read the article, click on the File above titled "The EFCA: New Era of Unionization."
Marta Fernandez’s article, "Winning the Hearts, Minds and Loyalty of your Workforce Before the Union Comes Calling" was published on Hotel Law Blog. To view the article as a PDF, please click on the file above. November 28, 2008 This week, the U.S. Chamber of Commerce announced it will spend about $10 million in the […]
Marta Fernandez‘s article, "The Perfect Storm is Coming — The Employee Free Choice Act" was published on Hotel Law Blog. To view the complete article, please click on the file above.
Jim Butler and Marta Fernandez co-authored an article titled, “Disastrous Wage And Hour Decision: California Supreme Court Makes It A Dark Day For Employers,” which was published by Hotel-Online and Hotel Resource on April 18, 2007.
When properties are closed for renovations or conversions, employers must take special care in dealing with workforce issues, particularly if the property’s workforce is unionized. The following discussion points may help hotel owners and their labor counsel to set the optimum strategy for their property. What kind of property will the hotel become upon its […]
Hotel closings are hitting record levels, but for all the right reasons! Unlike closings caused by the “great real estate depression” of the early 1990s, hotels are closing today for positive reasons: major rehab and construction projects, conversions to condo hotel or residential condos and expansion. Hotel developers and owners are finding that construction is […]