On July 1, 2024, California Governor Gavin Newsom signed two bills, Senate Bill 92 and Assembly Bill 2288, that amend the state’s Labor Code Private Attorneys General Act (PAGA), which deputizes private parties to enforce the...more
7/2/2024
/ California ,
Employment Litigation ,
Good Faith ,
Governor Newsom ,
Labor & Workforce Development Agency (LWDA) ,
Labor Code ,
Labor Law Violations ,
Penalties ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour ,
Wage Statements
The California Supreme Court held that when a court compels an employee to arbitrate their “individual” Labor Code Private Attorneys General Act (PAGA) claims, the employee retains statutory standing to pursue...more
A pair of recent California Court of Appeal decisions serve as yet another reminder to employers of the difficulties that they potentially face when enforcing arbitration agreements in California and, as a result, the...more
In this issue of the Jackson Lewis Class Action Trends Report, we welcome the New Year and look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead...more
1/31/2023
/ Arbitration ,
Biometric Information Privacy Act ,
Class Action ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Independent Contractors ,
Misclassification ,
Non-Exempt Employees ,
OSHA ,
Pay Rates ,
Payroll Companies ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Software ,
Wage and Hour
On June 15, 2022, the U.S. Supreme Court ruled in Viking River Cruises, Inc. v. Moriana that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private...more
Individuals employed as ramp workers who frequently handle cargo for an airline are “transportation workers” exempt from the Federal Arbitration Act (FAA), the U.S. Supreme Court has held. Southwest Airlines Co. v. Saxon, No....more
6/8/2022
/ Arbitration Agreements ,
Class Action ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Interstate Commerce ,
Over-Time ,
SCOTUS ,
Southwest Airlines ,
Supervisors ,
Transportation Industry ,
Wage and Hour
The California legislature has passed and Governor Gavin Newsom has signed a number of bills that address wage and hour practices and other issues affecting California employers. All bills take effect January 1, 2022, unless...more
10/22/2021
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Delivery Drivers ,
Disclosure ,
Employer Liability Issues ,
Governor Newsom ,
Grand Theft ,
Independent Contractors ,
Manufacturers ,
Non-Disparagement Provisions ,
OSHA ,
Piece-Rate Pay ,
Quotas ,
Restaurant Industry ,
State Labor Laws ,
Tipped Employees ,
Wage and Hour ,
Wage Theft ,
Warehouses ,
Workplace Harassment Guidance ,
Workplace Safety
In a significant victory for California employers, the U.S. Court of Appeals for the Ninth Circuit reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code’s wage...more
2020 presented a myriad of challenges for California employers, including the constant march of California court opinions regarding the Private Attorneys General Act (PAGA) claims.
The California courts focused on two...more
Just five days before Super Bowl LI, the intersecting crosshairs of antitrust and employment law class actions zeroed in on its latest target: the National Football League. On January 31, 2017, a former cheerleader for the...more