California's Private Attorneys' General Act ("PAGA") was the target of a November 2024 ballot initiative that, if passed, would have repealed the Act in response to perceived abuses and frivolous lawsuits....more
The 2023 California legislative session saw the passage of a number of new and important labor and employment laws....more
The California Legislature passed a number of new and important labor and employment laws during its 2022 session.
...more
Case Overview -
On June 15, 2022, the United States Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana, No. 20-1573. The Court held that the rule from Iskanian v. CLS Transportation Los Angeles,...more
6/29/2022
/ 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 ,
Standing ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
The California Supreme Court sides with employees in Naranjo v. Spectrum Security Services, finding derivative claims available for waiting time and pay stub penalties available for meal and rest break violations.
This...more
5/31/2022
/ Appeals ,
CA Supreme Court ,
Derivative Suit ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Code ,
Labor Law Violations ,
Rate of Pay ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Wage Statements
The 2021 California legislative session saw the passage of a number of new labor and employment laws. Although many relate to the COVID-19 pandemic, the Legislature adopted more nonpandemic-related statutes this term as...more
12/9/2021
/ Cal-OSHA ,
California Family Rights Act (CFRA) ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Labor Law Violations ,
Labor Reform ,
Non-Disparagement Provisions ,
Quotas ,
Record Retention ,
Separation Agreement ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Wage Theft
The California Supreme Court holds that "regular rate of compensation" used for calculating meal and rest period premiums is identical to "regular rate of pay" used for calculating overtime premiums, which includes hourly...more
7/20/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Labor Regulations ,
Over-Time ,
Rate of Pay ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour
Ninth Circuit decision upholds the Federal Motor Carrier Safety Administration ("FMCSA") determination that federal law preempts California’s meal and rest break laws with respect to Department of Transportation-regulated...more
The 2020 California legislative session led to a number of new laws that already have had significant impact on employers in the state. Employers were barraged with a combination of state and federal pandemic-related...more