As we reported here, a split in authority has developed in the California Court of Appeal regarding what to do when an employer moves to compel arbitration of a Private Attorneys General Act (PAGA) that is “headless”—that is,...more
We invite you to review our newly-posted, March 2025 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more
4/8/2025
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Arbitration ,
CAFA ,
California ,
Defamation ,
Employee Rights ,
Employment Discrimination ,
Federal Aviation Administration (FAA) ,
FEHA ,
Hostile Environment ,
New Legislation ,
Retirement Plan ,
Sexual Harassment ,
USPS ,
Wage and Hour
On the 100th anniversary of the Federal Arbitration Act, it is worth recalling that the law was enacted in 1925 in response to what the U.S. Supreme Court later called, in its 2011 opinion in AT&T Mobility v. Concepcion,...more
3/27/2025
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Class Action ,
Confidentiality Policies ,
Consumer Protection Laws ,
Dispute Resolution ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
SCOTUS ,
Sexual Harassment
On February 26, 2025, in Parra Rodriguez v. Packers Sanitation, Inc., the California Court of Appeal (Fourth Appellate District) issued the latest published decision addressing the practice of filing so-called “headless”...more
It’s not like we didn’t tell you so, cuz we did! Just last year, we predicted that the latest assault on employer arbitration rights had the potential to destroy arbitration everywhere in the country. Is Arbitration Becoming...more
Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more
8/9/2024
/ Arbitration ,
Cause of Action Accrual ,
Compensatory Damages ,
Corporate Counsel ,
Employer Liability Issues ,
Jury Instructions ,
Jury Trial ,
Litigation Strategies ,
Punitive Damages ,
Retaliation ,
Risk Management ,
Sexual Assault ,
Sexual Harassment
The Empire Struck Back last week when the California Court of Appeal held that the state’s latest back-door attempt to outlaw employment arbitration by any means necessary is preempted by the Federal Arbitration Act (FAA). ...more
We invite you to review our newly-posted May 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more
5/23/2024
/ Arbitration ,
Attorney's Fees ,
California ,
Employee Transfers ,
Employment Discrimination ,
Hostile Environment ,
Malicious Prosecution ,
Muldrow v City of St Louis ,
NASA ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Stock Options ,
Wages
We invite you to review our newly-posted March 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more
A Single Incident Of Harassing Conduct May Create A Hostile Work Environment -
Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) -
Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more
1/26/2024
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Certification ,
Collective Actions ,
Employee Benefits ,
Enforcement ,
Fair Labor Standards Act (FLSA) ,
Labor Code ,
Over-Time ,
Poison Pill ,
Pre-Employment Agreements ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Release Agreements ,
Rest and Meal Break ,
Sexual Harassment ,
Wage and Hour ,
Whistleblowers
We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law...more
12/1/2023
/ Anti-SLAPP ,
Arbitration ,
Attorney's Fees ,
Bias ,
Breach of Contract ,
Compensation ,
Defamation ,
Employee Handbooks ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Labor Code ,
Popular ,
Trade Secrets ,
Vacation Leave
When Congress passed and President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) last year, we predicted it was just the beginning of an all-out federal assault on...more
8/23/2023
/ ADEA ,
Arbitration ,
Arbitration Agreements ,
California ,
Cause of Action Accrual ,
Federal Arbitration Act ,
Labor Code ,
Mandatory Arbitration Clauses ,
Race Discrimination ,
Retaliation ,
Sexual Assault ,
Sexual Harassment
An astronomical $137 million jury verdict against Tesla has again been reduced, for a second (and potentially final) time. Last Monday, following a five-day trial on damages, a federal court jury awarded Owen Diaz, a former...more
No Claim By Employee Who Was Friends With Alleged Harasser Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023) -
Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla...more
4/3/2023
/ Arbitration ,
California ,
Disability Discrimination ,
Fair Labor Standards Act (FLSA) ,
Labor Code ,
Over-Time ,
Pregnancy Discrimination ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Rest and Meal Break ,
Sexual Harassment ,
Wrongful Termination
Espinoza v. Superior Court, 83 Cal. App. 5th 761 (2022) -
Rosa M. Quincoza Espinoza sued her former employer, Centinela Skilled Nursing & Wellness Centre West, LLC, for discrimination and retaliation. The employer filed a...more
On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme...more
6/24/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Federal Arbitration Act ,
Federal v State Law Application ,
Iskanian v CLS Transportation ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
It’s only been two weeks since President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Ending Forced Arbitration Act”) into law, and there is already a new major...more
Yesterday, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote. The bill had previously passed the House of Representatives by a vote of 335-97....more
2/11/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Pending Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment
On February 7, 2022, in a 335-97 vote, the U.S. House of Representatives passed a bipartisan bill (“Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”), which would prohibit “mandatory arbitration”...more
2/10/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Collective Actions ,
Employer Liability Issues ,
Employment Contract ,
Labor Reform ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment
While the California Supreme Court has repeatedly upheld arbitration agreements with class action waivers (as they must under the Federal Arbitration Act), in a now infamous (and controversial) decision from 2014, the court...more
12/21/2021
/ Arbitration ,
Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Private Attorneys General Act (PAGA) ,
SCOTUS
Ninth Circuit Resurrects California’s Anti-Arbitration Statute -
Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021) -
The Ninth Circuit Court of Appeals reversed in part a 2020 preliminary...more
11/15/2021
/ Age Discrimination ,
Arbitration ,
Arbitration Agreements ,
Attorney's Fees ,
Class Action Arbitration Waivers ,
Contingency Fees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Independent Contractors ,
Labor Regulations ,
Lost Wages ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
UTSA ,
Wage and Hour
As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state....more
10/18/2021
/ Arbitration ,
Bias ,
Coronavirus/COVID-19 ,
Emotional Support Animals ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Infectious Diseases ,
New Legislation ,
Right of Recall ,
Settlement Agreements ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Workplace Safety
On Monday afternoon, a San Francisco federal court jury awarded $137 million to a Black former elevator operator who worked at Tesla’s Fremont facility for approximately one year before quitting his employment in 2016. ...more
On Wednesday, in a surprising turn, the U.S. Court of Appeals for the Ninth Circuit reversed in part a 2020 preliminary injunction issued by a district court and resurrected California Labor Code Section 432.6, the Golden...more
9/17/2021
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Disputes ,
Labor Regulations ,
Preliminary Injunctions ,
State Labor Laws
Kec v. Superior Court, 2020 WL 3869721 (Cal. Ct. App. 2020) -
Nichole Kec brought individual, class and Private Attorneys General Act (PAGA) claims against her employer, R.J. Reynolds Tobacco Co., et al. Kec had signed a...more