The California Legislature recently introduced two complementary bills to reform the Private Attorneys General Act of 2004 (PAGA)....more
On May 6, 2024, the Supreme Court of California held that when an employer “reasonably and in good faith” believes it complied with California’s legal requirement to provide accurate wage statements and it does not, the...more
On October 10, 2023, Governor Gavin Newsom signed into law a bill that will allow plaintiffs in California to continue pursuing claims during the pendency of an appeal to an order denying a petition to compel arbitration. The...more
A California appellate court recently ruled that an employee may pursue claims under California’s Private Attorneys General Act (PAGA) that her former employer violated the state’s mandatory paid sick leave law.
On...more
On February 15, 2023, the Ninth Circuit Court of Appeals blocked a 2020 California law that attempted to prohibit employers from requiring employees and job applicants to agree to arbitration as a condition of employment. The...more
2/17/2023
/ Arbitration ,
Arbitration Agreements ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Federal Arbitration Act ,
Governor Newsom ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
Preemption ,
State Labor Laws ,
Unenforceable Contract Terms
The panel of the Ninth Circuit Court of Appeals that largely upheld California’s law banning mandatory arbitration agreements in the employment context just withdrew its decision. On August 22, 2022, two of the three...more
8/29/2022
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Mandatory Arbitration ,
Mandatory Arbitration Clauses ,
Preliminary Injunctions ,
Private Attorneys General Act (PAGA) ,
State Labor Laws
In a split 2-1 decision that likely raises more questions than it answers, the Ninth Circuit Court of Appeals cast some doubt upon the ability of employers to implement mandatory arbitration agreements with their employees....more
9/17/2021
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Contract Terms ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Governor Newsom ,
Mandatory Arbitration Clauses ,
Split of Authority ,
State Labor Laws
On May 28, 2021, the Ninth Circuit Court of Appeals issued a significant ruling in Magadia v. Wal-Mart Associates, Inc., on both California’s wage statement laws and standing to pursue claims under the Private Attorneys...more
6/15/2021
/ Appeals ,
Article III ,
Bonuses ,
Corporate Counsel ,
Employment Litigation ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Reversal ,
Standing ,
State Labor Laws ,
Wage and Hour ,
Wage Statements ,
Wal-Mart
In one of the year’s most anticipated court decisions for the trucking industry, International Brotherhood of Teamsters, Local 2785, et al. v. Federal Motor Carrier Safety Administration, No. 19-70413 (January 15, 2021), the...more
Universities continue to see a rise of COVID-19-related class action lawsuits alleging that campus closures deny students the full benefits of an on-campus college experience. This new wave of class action lawsuits generally...more
The U.S. District Court for the Eastern District of California recently ruled in an employment class action regarding misclassification of trucking industry owner-operators as independent contractors. The ruling is a win for...more
7/24/2019
/ ABC Test ,
Class Action ,
Commercial Truck Drivers ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Independent Contractors ,
Labor Code ,
preem ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Right to Control ,
Trucking Industry ,
Wage and Hour
In a matter of first impression before the Seventh Circuit Court of Appeals involving an issue left open by the Supreme Court of the United States, a Seventh Circuit panel issued an opinion on a key threshold question of...more
10/29/2018
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act
Two significant decisions on whistleblower protections were recently issued by two districts of the California Court of Appeal. Both courts reversed trial court dismissals of claims for wrongful termination in violation of...more
Two districts of the California Court of Appeal recently issued significant decisions on arbitration agreements. In a published case, the Fourth Appellate District of the California Court of Appeal held that if the...more
11/25/2014
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Iskanian ,
Private Attorneys General Act (PAGA) ,
Restaurant Industry ,
Trucking Industry ,
Unpaid Overtime ,
Wage and Hour
Salas v. Sierra Chemical Co., S196568 (June 26, 2014): On June 26, the California Supreme Court issued a decision holding that federal immigration law does not preempt a California law that extends state law protections to...more
The impact of the California Court of Appeal’s recent opinion in Brown v. Superior Court, 216 Cal. App. 4th 1302 (Cal. Ct. App. 2013) is on hold, at least for now. Last week, the California Supreme Court indicated it would...more
Negri v. Koning & Associates, No. H037804 (May 16, 2013): In a recent decision, a California Court of Appeal held that an insurance claims adjuster was not an exempt employee under the administrative exemption of Industrial...more