Two recent Private Attorney General Act (PAGA) cases underscore the importance of effectively using procedural motions in defending such cases. 1. Rodriguez v. Packers Sanitation Services LTD., LLC...more
Yesterday, the California Court of Appeal in Leeper v. Shipt, Inc., held that because every PAGA action necessarily includes an “individual PAGA claim” a PAGA plaintiff cannot avoid arbitration by asserting purely...more
In a recent legal dispute, Mahram v. The Kroger Co., a California Court of Appeal delivered a decision that may have implications for employment arbitration agreements. Although the case at hand involved a consumer...more
8/28/2024
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
False Advertising ,
Grocery Stores ,
Kroger ,
Mobile Apps ,
On-Demand Services ,
Terms of Service ,
Third-Party Beneficiaries ,
Unfair Competition
In a recent decision, the California Supreme Court held that courts cannot refuse to enforce arbitration agreements simply by finding that three or more provisions are unconscionable. Rather, courts must use a three-prong...more
A new Department of Labor (DOL) Overtime Rule (2024 OT Rule) which raises the salary threshold for white-collar exemptions scheduled to go into effect on July 1, 2024 is facing legal challenges. On May 22, 2024, several...more
6/6/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
Earlier this week, a bill seeking to amend the Private Attorneys General Act (PAGA) to allow courts to grant injunctive relief passed the Assembly Floor and is headed to the Senate. If AB 2288 passes the Senate to...more
On January 18, 2024, the California Supreme Court issued its opinion in Estrada v. Royalty Carpet Mills, Inc., concluding that trial courts do not have inherent authority to strike a PAGA claim on the grounds that it is...more
Join us on September 26 for a comprehensive webinar hosted by CDF as we delve into the crucial subject of arbitrating PAGA claims, exploring its implications following the California Supreme Court's landmark decision in...more
9/15/2023
/ Arbitration ,
Arbitration Agreements ,
Best Practices ,
CA Supreme Court ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Continuing Legal Education ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Uber ,
Webinars
As anticipated, earlier this week, the California Supreme Court broke from the U.S. Supreme Court’s Viking River Cruises v. Moriana decision, and further tipped the scales in favor of PAGA plaintiffs in California by holding...more
Since the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana, employers have been implementing and enforcing arbitration agreements requiring employees to arbitrate their individual Private Attorneys’ General...more
5/17/2023
/ Arbitration ,
Arbitration Agreements ,
Article III ,
CA Supreme Court ,
California ,
Defense Strategies ,
Employment Contract ,
Employment Litigation ,
Motion to Compel ,
Oral Argument ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Standing ,
Uber ,
Viking River Cruises Inc v Moriana
Join CDF partners Leigh Ann White and Sander van der Heide for a comprehensive, complimentary webinar on California’s Fair Pay Act and related laws, including planning and conducting a pay equity audit to help protect your...more
4/6/2023
/ Audits ,
California ,
Continuing Legal Education ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Fair Pay Act ,
Pay Discrimination ,
Pay Equity Laws ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour ,
Webinars
Setting Sail for PAGA Litigation After Viking River With the recent United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana, the landscape of California's Private Attorneys General Act (PAGA) has...more
California’s Division of Labor Standards Enforcement (DLSE) has published a new FAQ page explaining the 2022 COVID-19 Supplemental Paid Sick Leave (2022 SPSL) law, which went into effect on February 19, 2022. ...more
2/25/2022
/ California ,
Coronavirus/COVID-19 ,
DLSE ,
Infectious Diseases ,
Labor Reform ,
New Legislation ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Sick Employees ,
State Labor Laws ,
Vaccinations ,
Wage and Hour ,
Workplace Safety