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PAGA Litigation Remains in Play Following California Supreme Court Decision

In June 2022, we reported on the Viking River case, in which the U.S. Supreme Court addressed the question of whether claims brought under the California Private Attorney General Act (PAGA) could be compelled to arbitration...more

New Federal Law Limits Mandatory Arbitration of Sexual Harassment or Assault Claims

We have previously written on various states’ efforts to limit mandatory arbitration agreements in the employment context. Now, employers in all 50 states need to be careful when requiring mandatory arbitration of employment...more

California COVID Supplemental Sick Leave is Back

California COVID supplemental sick leave is back. After Governor Newsom and the State Legislature came to an agreement earlier this year for what the 2022 version of supplemental sick leave would look like, mirror bills (AB...more

California Significantly Strengthens Its Lactation Accommodation Law. Other States Are Likely to Follow

Earlier this year, the New York City Commission on Human Rights published robust model policies for employers to use in guiding compliance with the city’s lactation accommodation law. Not to be outdone, California has enacted...more

So, What Exactly is the Interactive Process?

Most employers are well aware that the Americans with Disabilities Act (and similar state laws) require employers to engage in the “interactive process” when an employee requests a disability accommodation. But in actual...more

Potential #MeToo-Motivated Laws Address More Than Just Sexual Harassment

The #MeToo movement has spawned several bills, many of which are aimed at prohibiting private arbitration of sexual harassment claims or outlawing confidentiality provisions in settlement agreements addressing sexual...more

The Jig Is Up: California Supreme Court Asserts New Independent Contractor Test Impacting The “Gig Economy” and Companies Engaging...

Yesterday (April 30, 2018) the California Supreme Court issued an opinion on the appropriate test to employ when assessing “independent contractor” classification under state law. The Court’s unanimous decision throws out...more

You Signed A Consent Decree. So Now What?

Any employer who has been on the receiving end of a lawsuit filed by the EEOC or a similar state agency is aware that a standard requirement of settling this type of case is entering into a “consent decree.” A consent decree...more

California Changes the Rules for Calculating Overtime on Employee Bonuses

The California Supreme Court just threw employers a serious curveball with respect to how employers must calculate overtime. And it did so by claiming employers should have known of this calculation method even though the...more

“Shifting” Away From Hourly Pay ... Be Aware of Potential Pitfalls

In many states, the practice of paying nonexempt employees a “day rate,” “shift rate” or “job rate,” is gaining in popularity. A day rate occurs when a set amount of pay is guaranteed for a shift without regard to the hours...more

EEOC's Changed Conception of Pregnancy Spawns New Litigation — and Important Reminders for Employers

Earlier this year, we noted that that the Equal Employment Opportunity Commission (“EEOC”) issued somewhat controversial enforcement guidance regarding pregnancy discrimination. It has now become evident that this enforcement...more

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