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Perspective

Dec. 10, 2009

Steering a Middle Ground

Michael Young of Alston & Bird asks whether Roby v. McKesson is a victory for both employers and employees.

By Michael Young

Whether intentionally or not over the past year, the state's Supreme Court appears to have been carefully steering a middle ground between the interests of employees and employers, with each new decision holding out little morsels for each group, but no complete victories.

For instance, in Hernandez v. Hillsides, Inc. (2009) 47 Cal. 4th 272, the Court found that the employer had indeed intruded upon employees' "reasonable expectation of pri...

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