Announcing the selection of K.C. Swisher among America’s Top 100 Civil Defense Litigators® for 2019. Selection to America’s Top 100 Civil Defense Litigators® is by invitation only and is reserved to identify most exceptional Civil Defense Litigators in throughout the nation.
Candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state. Only the top 100 qualifying defense litigators in each state will receive this honor and be selected for membership among America’s Top 100 Civil Defense Litigators®. With these extremely high standards for selection to America’s Top 100 Civil Defense Litigators®, less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of litigators in the community.
K.C. Swisher Named Among America's Top 100 Civil Defense Litigators® for Southern California
Employers May Now Have to Pay for "Off-the-Clock" Work
K.C. Swisher Selected to Super Lawyers® Rising Stars for Fifth Year
For the fifth year in a row, K.C. Swisher has been selected to the prestigious Super Lawyers® Rising Stars list in the field of Civil Litigation - Defense. According to the Super Lawyers® organization, Super Lawyers® is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.
Swisher Law News
After handing down a sweeping decision earlier this year in Dynamex Operators West, Inc. v. Superior Court, the California Supreme Court set forth another landmark employment ruling. In Troester v. Starbucks, Inc., the Ninth Circuit asked the California Supreme Court to answer the following question: Does the federal Fair Labor Standards Act’s de minimis doctrine apply to claims for unpaid wages under California Labor Code sections 510, 1194, and 1197? Our state's highest court held that the answer to this question was "no" for two reasons. First, the Court held that the "de minimis doctrine" does not apply to the California Labor Code and the particular wage order at issue. Second, and more importantly, the Court found that the "de minimis doctrine" did not apply to California wage and hour claims under the particular facts presented to it by the Ninth Circuit, specifically "where the employer required the employee to work 'off the clock' several minutes per shift." However, the Court was careful to limit its holding, stating: "We do not decide whether there are circumstances where compensable time is so minute or irregular that it is unreasonable to expect the time to be recorded." Nonetheless, the Troester decision could potentially have sweeping implications for the retail and service industries, where employees regularly "lock up," make bank deposits on their way home or engage in other routine closing tasks after the employees have "clocked out." Read the California Supreme Court's opinion at http://www.courts.ca.gov/opinions/documents/S234969.PDF.