A former L.A. Fitness member who accused the gym of tricking him into buying an annual membership he didn’t want cannot be held to a binding arbitration agreement he wasn’t shown until after he electronically signed it, a federal district court held. When Beau Briones walked into the L.A. Fitness in Long Beach, California, he just wanted to cancel his cancel his personal training membership. But Briones said a salesperson pressured him into agreeing to one more month and then had him put his … [Read more...]
Waiving the Right to Arbitration: Ninth Circuit Denies a Company Its Arbitration Do-Over
Broad arbitration agreements unfairly rob employees and consumers of their day in court against corporations that have wronged them. By invoking an arbitration agreement early in litigation—often before a plaintiff can obtain critical incriminating evidence through the discovery process—a company can rip a case from the judge and instead compel the plaintiff to bring it before a corporation-friendly arbitrator. But sometimes defendants try to “have their cake and eat it, too,” choosing to … [Read more...]
National Whistleblower Day Marks 238 Years of Supporting Those Who Expose Government Misconduct
National Whistleblower Day — July 30 — was recognized as “Whistleblower Appreciation Day” in the United States Senate. This is the fourth consecutive year that the Senate has passed a resolution recognizing the date and expressing support for whistleblowers—courageous government and private-sector workers and contractors who risk their livelihoods and reputations to expose corruption, graft and misconduct within their organizations. This date is no accident. The American tradition of supporting … [Read more...]
Overtime Salary Threshold: Will You Be Entitled to Overtime Pay?
If you’re a salaried store manager, administrative assistant, or other “white collar” employee, chances are your employer doesn’t pay you overtime—no matter how many hours you work in a given week. But new federal rules that take effect this December will raise the overtime salary threshold and force employers to start paying overtime to millions more salaried white collar workers. Will you be one of them? Federal law requires that most employees get paid at time-and-a-half if they work more … [Read more...]
Implied False Certification: Supreme Court Strikes a Blow in Favor of Whistleblowers
In May, we wrote about how U.S. Supreme Court Justice Antonin Scalia’s death might impact a key whistleblower case brought under the False Claims Act. It turns out that Justice Scalia’s presence might not have made much of a difference: The eight remaining Justices came through with a significant—and unanimous—victory for whistleblower plaintiffs, and delivered a strong rebuke to government contractors that would defraud taxpayers through misleading omissions and then evade responsibility by … [Read more...]
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