Keith A. Goodwin

Blogs: California Employment Law Update, Proskauer on Class and Collective Actions, Proskauer Whistleblower Defense

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California Legislature Targets Employment Arbitration Agreements

By Keith A. Goodwin, Tony Oncidi & Kenneth Sulzer on August 26, 2015

It is no secret that California is no friend to arbitration agreements. As the United States Supreme Court noted in its 2011 opinion in AT&T Mobility LLC v. Concepcion, “California’s courts have been more likely to hold contracts to arbitrate unconscionable than other contracts,” despite directives from the High Court that arbitration agreements must be placed “upon the same footing as other contracts.” Not to be outdone by the courts, the California Legislature decided…

California Employment Law Update

Oops! California Court Gets Around to Invalidating 22-Year-Old Meal Period Waiver Rules for Healthcare Employees

By Tony Oncidi & Keith A. Goodwin on February 17, 2015

For nearly 22 years, IWC Wage Order No. 4 and IWC Wage Order No. 5 have permitted employees in the “health care industry” who work shifts in excess of eight total hours in a workday to “voluntarily waive their right to one of their two meal periods. . . . in a written agreement that is voluntarily signed by both the employee and the employer.” In apparent reliance on the IWC Wage Orders, Orange Coast…

Proskauer on Class and Collective Actions

Employers Should Now Run – Not Walk – Toward Adopting Arbitration Agreements in California

By Laura Reathaford, Keith A. Goodwin & Tony Oncidi on June 24, 2014

Today, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transp. Los Angeles, LLC, Case No. S204032, upholding class action waivers in employment arbitration agreements. This means that the U.S. Supreme Court’s 2011 opinion in AT&T Mobility LLC v. Concepcion is to be given full force and effect in the employment setting in California. That said, however, Iskanian distinguishes the right of an employee to bring a representative action under California’s Private…

California Employment Law Update

Employers Should Now Run—Not Walk—Toward Adopting Arbitration Agreements in California

By Tony Oncidi, Laura Reathaford & Keith A. Goodwin on June 24, 2014

Yesterday, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transp. Los Angeles, LLC, upholding class action waivers in employment arbitration agreements. This means that the U.S. Supreme Court’s 2011 opinion in AT&T Mobility LLC v. Concepcion is to be given full force and effect in the employment setting in California. That said, however, Iskanian distinguishes the right of an employee to bring a representative action under California’s Private Attorneys General…

California Employment Law Update

Rebuking “Trial by Formula,” Federal Court Decertifies Rule 23(b)(3) Class Action

By Laura Reathaford & Keith A. Goodwin on May 13, 2014

In Stiller v. Costco Wholesale Corp., No. 3:09-cv-2473-GPC-BGS, Plaintiffs Eric Stiller and Joseph Moro alleged that Costco’s loss-prevention closing procedures effectively “forced” employees to work off-the clock without getting paid because they were required to remain on-site after they had clocked out of their shifts to go through security screenings. In December 2010, the district court certified a California-wide class finding that common questions predominated because Costco employed a centralized policy which applied to…

Proskauer on Class and Collective Actions

Rebuking “Trial by Formula,” Federal Court Decertifies Rule 23(b)(3) Class Action

By Laura Reathaford & Keith A. Goodwin on May 8, 2014

Proskauer Whistleblower Defense

SEC’s Amicus Brief: Internal Whistleblower Reports Covered By Dodd-Frank Anti-Retaliation Provision

By Steven J. Pearlman, Keith A. Goodwin & Joshua L. Kopple on March 20, 2014

As we previously discussed, courts have struggled with determining the scope of the protections in Dodd-Frank’s anti-retaliation provisions. On the one hand, Dodd-Frank defines a “whistleblower” as any individual, or group of individuals, “who provide . . . information relating to a violation of the securities laws to the [SEC], in a manner established by . . . the [SEC].” But, a few subdivisions later, Dodd-Frank prohibits retaliation against a whistleblower “because of any…

Proskauer on Class and Collective Actions

Ninth Circuit Clarifies Removal CAFA Removal Requirements

By Laura Reathaford & Keith A. Goodwin on February 28, 2014

California Employment Law Update

Ninth Circuit Clarifies CAFA Removal Requirements

By Laura Reathaford & Keith A. Goodwin on February 28, 2014

In its recent per curiam opinion in Rea v. Michaels Stores, Inc., the U.S. Court of Appeals for the Ninth Circuit clarified rules and procedures relevant to defendants seeking to remove cases to federal court. In Rea, the plaintiffs filed a class action alleging that Michaels improperly classified California store managers as exempt from overtime. Michaels removed the action to federal court under the Class Action Fairness Act (CAFA), but the district court remanded…

California Employment Law Update

Court of Appeal Holds that State Courts Have Concurrent Jurisdiction over FCA Retaliation Claims

By Kenneth Sulzer, Keith A. Goodwin & Laura Reathaford on February 6, 2014

On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll v. Superior Court (Spencer). The following addresses the basis for that ruling and its implications. Background Radiologist Scott Driscoll worked for physician Todd Spencer and his medical practice, the Todd Spencer, M.D., Medical Group, Inc. On behalf of himself and the Medical Group,…

Keith A. Goodwin

California Legislature Targets Employment Arbitration Agreements

Oops! California Court Gets Around to Invalidating 22-Year-Old Meal Period Waiver Rules for Healthcare Employees

Employers Should Now Run – Not Walk – Toward Adopting Arbitration Agreements in California

Employers Should Now Run—Not Walk—Toward Adopting Arbitration Agreements in California

Rebuking “Trial by Formula,” Federal Court Decertifies Rule 23(b)(3) Class Action

Rebuking “Trial by Formula,” Federal Court Decertifies Rule 23(b)(3) Class Action

SEC’s Amicus Brief: Internal Whistleblower Reports Covered By Dodd-Frank Anti-Retaliation Provision

Ninth Circuit Clarifies Removal CAFA Removal Requirements

Ninth Circuit Clarifies CAFA Removal Requirements

Court of Appeal Holds that State Courts Have Concurrent Jurisdiction over FCA Retaliation Claims

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