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California Court Finds No Procedural Burden Shifting Without Allegations of Protected Discrimination

A California appellate court recently held that a burden shifting process did not apply to an employment discrimination claim where the plaintiff had not alleged discrimination on the basis of race. Quesada v. County of Los...more

Ninth Circuit Recognizes Limited Impact of California Supreme Court Decision on Federal Standing

In a recent unpublished opinion, the Ninth Circuit reversed the dismissal of a plaintiff’s representative claims, brought under California’s Private Attorneys General Act (PAGA). In doing so, the Ninth Circuit noted that...more

California Rejects Viking River, Allows PAGA Claims to Proceed | National Employment Perspective: Focus on California PAGA

Recently, in Adolph v. Uber Tech., Inc., the California Supreme Court held that plaintiffs who proceed to arbitration on individual labor code claims do not lose standing to bring representative claims in court under the...more

California Rejects Viking River, Allows PAGA Claims to Proceed

Recently, in Adolph v. Uber Tech., Inc., the California Supreme Court held that plaintiffs who proceed to arbitration on individual labor code claims do not lose standing to bring representative claims in court under the...more

Recent Ninth Circuit Decision Finds Oregon Employers Not Required to Pay for Security Checks

In a recent decision, the Ninth Circuit affirmed a District of Oregon ruling for Amazon.com, Inc., stating that the plaintiff failed to allege that undergoing mandatory security screenings was “an integral and indispensable...more

Ruling Offers California Employers Guidance on Calculating Regular Rate of Pay

A Ninth Circuit panel recently ruled that Target Corp.’s pay practices comport with California law, and as such, Target’s motion for judgment on the pleadings should have been granted by the district court. See Bowen v....more

Verdict Forms are Key in Executive Exemption Cases

A California appellate court recently overturned a jury verdict finding a Jack in the Box manager was misclassified under the executive exemption. The court found one question on the jury verdict form was too narrow in that...more

Upcoming Changes to California’s Salary Transparency Law

Most employers doing business in California are likely to soon face increased reporting and pay transparency requirements under a new law that is set to be signed by Governor Gavin Newsom. The law, which would expand...more

California High Court Interprets “Regular Rate of Pay”

The California Supreme Court’s recent interpretation of a California labor statute is sure to have a tremendous impact on employers in the state. By determining that “regular rate of compensation” under Labor Code § 226.7(c)...more

9th Circuit Addresses PAGA Standing and California Wage Statement Requirements — Reversal of $102 Million Judgment

In a recent ruling, the 9th Circuit overturned a $102 million judgment against Walmart for alleged meal break and wage statement violations. In an opinion demonstrating the complexity of California PAGA litigation, the court...more

Arbitration in PAGA Actions

A California appellate court has ruled in Rosales v. Uber Technologies, Inc. that whether a plaintiff has standing to bring a Private Attorneys General Act (PAGA) action is a question that cannot be delegated to an...more

High Costs of PAGA Litigation

A recent California Superior Court order denied approval of a proposed settlement in Lime Scooter Co.’s ongoing PAGA litigation. In its order, the court offered important considerations for employers at risk of high-stakes...more

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