While there are many similarities between class claims and representative claims under the Private Attorneys General Act (PAGA), the different nature of the two types of claims produces divergent results in some contexts. A...more
On November 30, 2021, the California Court of Appeal (First District) issued its decision in Moniz v. Adecco USA, Inc., Case No. A159410, 2021 WL 5578298, which defines the standard for courts to apply when reviewing...more
Earlier this year, in Wesson v. Staples the Office Superstore, LLC, 68 Cal. App. 5th 746 (2021), the California Court of Appeals held that courts are empowered to limit or strike representative claims under the Private...more
In Wesson v. Staples The Office Superstore, LLC, the California Court of Appeal held that “courts have inherent authority to ensure that PAGA claims can be fairly and efficiently tried and, if necessary, may strike claims...more
In Donohue v. AMN Services, LLC, the California Supreme Court held that where employees’ time records reflect a missed, late or short meal break, a “rebuttable presumption” arises that a proper meal break was not provided....more
3/9/2021
/ CA Supreme Court ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Rebuttable Presumptions ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Rounding ,
State Labor Laws ,
Timekeeping ,
Wage and Hour
In this episode, partners and Akin Gump retail initiative co-leaders Gregory Knopp and Meredith Slawe discuss the retail sector, its promises and its pitfalls.
Among the topics covered:
• technological innovation in...more
3/21/2019
/ Best Practices ,
Brick-and-Mortar Stores ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Collective Actions ,
Consent ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Customer Information ,
Data Collection ,
Data Privacy ,
E-Commerce ,
Employer Liability Issues ,
Employment Litigation ,
Innovative Technology ,
Internet Retailers ,
Personally Identifiable Information ,
Retail Market ,
Retailers ,
Risk Management ,
State Labor Laws
If you read one thing...
- With 9th Circuit ruling, California federal courts no longer a potential channel for employers to enforce representative action waivers for PAGA claims...more
10/2/2015
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Labor Code ,
Misclassification ,
Private Attorneys General Act (PAGA) ,
SCOTUS
Yesterday, the California Supreme Court, in Iskanian v. CLS Transportation Los Angeles, LLC (Case No. S204032), upheld a class action waiver in an arbitration agreement between an employee and his employer. The Supreme Court...more