Articles and Amicus Briefs

• On 6/28/11, David Borgen, Jason Tarricone, & Roberto Concepcion, Jr., filed two amicus briefs in the Third Circuit in the consolidated cases of Fisher v. Rite Aid Corp. and Knepper v. Rite Aid Corp., addressing the validity of hybrid FLSA and state law class actions to enforce workplace laws.  Download PDF copy of brief.

• On 4/29/11, David Borgen, Jason Tarricone, and Roberto Concepcion, Jr., filed an amicus brief in the Ninth Circuit in Harvey v. Kag West, LLC, addressing the vitality of issue certification under Rule 23(c)(4) and hybrid FLSA/state law class actions.  Download a PDF copy of brief.

• On 3/31/11, Morris Baller, Joseph Jaramillo, and Roberto Concepcion, Jr., along with co-counsel LatinoJustice PRLDEF, filed an amicus brief in support of Plaintiffs/Appellees in the Fifth Circuit in Villas at Parkside Partners v. City of Farmers Branch, addressing how the City enacted an anti-immigrant housing ordinance with the intent of discriminating against Latinos, regardless of their immigration status.   Download PDF copy of brief.

• On 3/1/11, on behalf of the Institute for Women's Policy Research (IWPR), Linda Dardarian, Roberta Steele, and Lin Chan filed an amicus brief in the United States Supreme Court in the case Wal-Mart Stores, Inc. v. Dukes, addressing how class action discrimination lawsuits can achieve long-term changes to employment policies and practices.  Download PDF copy of brief.

• On 3/9/11, GDBBD, along with co-counsel, filed a brief in the 9th Cir. in DeLodder v. Aerotek, Inc., a case involving Rule 23(b)(3) requirements.   Download copy of brief.

• On November 1, 2010, on behalf of the National Employment Lawyers Association (NELA), David Borgen and Lin Chan, along with co-counsel David Lichtenstein, filed an amicus brief in the Tenth Circuit in the case Salazar v. Butterball, LLC, addressing donning and doffing protective gear by poultry processing workers.  Download a PDF copy of the amicus brief.   Go to NELA News website for more information.

• The University of Memphis Law Review publishes article re Ricci v. DeStefano by Barry Goldstein, of Counsel, GDBBD and Patrick O. Patterson.  Download PDF copy of the article.

• On 5/18/10, The United States Law Week published ADA Requires Move Theaters to Provide Closed Captioning, Audio Descriptions by Bernard Pazanowski .  Download PDF copy of the article.

• On 4/28/10, the Daily Labor Report published the Clash of the Titans: Iqbal and Wage and Hour Class/Collective Actions by David Borgen and Lin Chan.  Download PDF copy of the article.

• GDBBD writes NELA amicus brief to Third Circuit on Hybrid Collective/Class Actions!  Read Adrian-Parker-v.-NutriSystem-Inc. (1/7/2010)

• " Blind Sox Fan Gets MLB to Even Game" - Under its settlement with GDBBD, MLB.com rolls out accessibility features on league and team websites aimed at making information fully accessible to the visually impaired (Boston Globe 2/12/2010)

• " MLB Works with Disabilty Advocates to Make Sites Accessible" - MLB.com has made their Web sites more accessible to visually impaired fans under a settlement with GDBBD (The Recorder 2/12/2010)

• The Year In Review:   An Update of the Most Significant Cases and Developments Under Employment Discrimination (and Related) Statutes (1/5/2009)  

• PAGA & 17200 in Wage and Hour Cases (9/17/2009)

• Selected Topics in Employment Discrimination Law: Cases and Leading Current Issues in Race and Gender, Retaliation, and Age Discrimination (6/29/09)

• Key Developments in California Wage and Hour Class Action Law (5/19/2009)

• American Bar Association Section of Labor and Employment Law - Advanced Litigation of Wage and Hour Class Cases: Representative Evidence and Settling Hybrid Cases (4/1/2009)
• The Year in Review: An Update of The Most Significant Cases and Developments Under Employment Discrimination (and related) Statutes (1/5/2009)

• Upper Midwest Employment Law Institute Advanced Trial Practice: How to Bring the FLSA case (Plaintiffs' Perspective) (No. 607) (5/30/2008)

• Upper Midwest Employment Law Institute Advanced Trial Practice: Plaintiffs' Panel For Winning FLSA Cases (Plaintiffs' Perspective) (No. 707) (5/30/2008)

• The FLSA At the Frontier: Overtime Exemptions After the New Regs (3/28/2008)

• Gentry v. Superior Court and Murphy v. Check 'N Go of California: Preserving Employees' Class Action Rights (2/08/2008)

• The Year in Review: An Update of the Most Significant Cases Under Employment Discrimination (and Related) Statutes (1/05/2008)

• Significant Legal Developments in Wage & Hour Law: Deference Standards (NELA 2007 - New Orleans, LA) (10/19/2007)

• Division of Labor Standards Enforcement - Written Comments - Meal & Rest Period Public Forum(8/30/2007)

• Dipping into the Tip Pool: Restaurant Workers & the FLSA for the 18th Annual NELA Convention in San Juan, Puerto Rico (6/27/2007)

• Wage & Hour Class Certification: Prespectives on Communications and Discovery Issues (4/262007)

• Panel on Discrimination in Compensation National Conference on Equal Employment Opportunity Law: Selected Current Issues in Compensation Discrimination Law (3/24/2007)

• Wage and Hour Update - Labor & Employment Law Conference - The Seminar Group

• (1/25/2007)
• The Year in Review: An Update of the Most Significant Cases Under Employment Discrimination (and Related) Statutes (1/06/2007)
• Wage & Hour Class Certification: Perspectives on Communications and Discovery Issues (10/26/2006)
• Recent Developments in Class Action Arbitration (7/28/2006)
• Recent Developments in California Wage and Hour Law (7/25/2006)

• Getting Even: Why Women Don't Get Paid Like Men -And What To Do About It
  By Evelyn F. Murphy with E.J. Graff (Simon & Schuster, Inc., 2005) Book Review by David Borgen (1/17/2006)
  

• Major Areas of Liability in Wage and Hour Law (1/04/2006)
  

Amicus Briefs:

• Abdela Tum, et al. v. Barber Foods, Inc.

• Adrian-Parker-v.-NutriSystem-Inc.

• Arizona v. Harkins

• Cortez v. Purolator Products Air Filtration Company

• Ellis v. Costco, Case No. C04-03341 MHP (N. D. Cal.) (Amicus brief on use of social science evidence on stereotyping in gender discrimination class action lawsuit challenging subjective decision making having unlawful adverse impact.)

• In Re: Sepulveda v. Wal-Mart Stores, Inc. Litigation

• In Re: Farmers Insurance Exchange, Claims Representatives' Overtime Pay Litigation(3/20/06)

• Jose Morillion, et al. v. Royal Packing Company

• Robert Gentry (Plaintiff and Petitioner) v. Superior Court of Los Angeles County (Respondent) Circuit City Stores, Inc. (Real Party in Interest)

• Sav-On Drug Stores, Inc. v. Superior Court for Los Angeles County