Ervin Cohen & Jessup LLP

On April 22, 2025, the U.S. Department of Health and Human Services (“HHS”) and U.S. Food and Drug Administration (“FDA”) announced new measures to phase out all petroleum-based synthetic dyes from the U.S. food supply…more

4/25/2025 / Administrative Law, Consumer Protection, Health

FDA Webinar on the Updated Criteria for Making a “Healthy” Claim

On April 10, 2025, the FDA held a public webinar on the updated criteria for companies to use the “healthy” nutrient content claim. This webinar tracked the final rule issued on December 27, 2024…more

4/22/2025 / Administrative Law, Consumer Protection

To Sever or Not to Sever, That is the Question For Courts Reviewing Employment Arbitration Agreements for Enforceability

Less than a year ago, the California Supreme Court in Ramirez v. Charter Communications, Inc. opined, in the context of employment arbitration agreements, that there is no bright line rule that requires a court to refuse…more

4/8/2025 / Alternative Dispute Resolution (ADR), Labor & Employment Law

Another Day, Another Dispute Between Appellate Courts Over Employment Arbitrations

The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments…more

4/1/2025 / Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

The Importance of Compliance Audits Under the Amended Private Attorneys General Act

The Private Attorneys General Act of 2004 (“PAGA”) was intended to allow employees to bring actions on behalf of the State of California against employers who failed to comply with Labor Code sections that were considered…more

3/20/2025 / Labor & Employment Law

An Attorney’s Inadvertence, Mistake, or Excusable Neglect Is Not Sufficient to Overcome The Bright-Line Rule for Arbitration Fee Payments

Since its enactment in 2019, Code of Civil Procedure 1281.98, which governs arbitration fee payments, has been inviolate: arbitrators do not have the unilateral power to extend the fee payment deadline; “checks in the mail” do…more

3/19/2025 / Alternative Dispute Resolution (ADR), Civil Procedure, Conflict of Laws, Labor & Employment Law

Sexual Harassment Claims Preclude Arbitration Even if the Federal Arbitration Act is Not Explicitly Invoked in an Arbitration Agreement

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), a federal law, is unique for its role in overriding the policy in favor of the enforcement of arbitration agreements. The Act was…more

3/12/2025 / Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Court of Appeal Harmonizes Enforcement of Arbitration Agreements with Arbitrator's Authority

Readers of this blog are, by now, aware of California’s judicial and legislative hostility toward arbitration. Over the last few months, however, employers have seen a surprising number of appellate victories in their respective…more

3/7/2025 / Alternative Dispute Resolution (ADR), Labor & Employment Law

The Exception to the Barton Doctrine Contained in 28 U.S.C. §959(a) Does Not Apply to State Court Receivers

Q: I am a state court receiver for an LLC that owns a number of apartment buildings, which I am now managing. I have been sued by some tenants and a tenant group. They have not obtained receivership court permission to sue me,…more

2/28/2025 / Bankruptcy, Civil Procedure, Real Estate - Commercial

Arbitration Fee Payment Statute Does Not Apply To Post-Dispute Arbitration Agreements

There is no greater threat to an employment arbitration than Code of Civil Procedure section 1281.98, which mandates that the party who drafted the arbitration agreement pay the fees and costs of the arbitration within 30 days…more

2/27/2025 / Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Every PAGA Action Has An Individual Component Which May Be Subject To Arbitration

Prior to the United States Supreme Court’s decision in Viking River Cruises Inc. v. Moriana, California courts did not consider the components of a Private Attorneys General Act (“PAGA”) claim. …more

2/20/2025 / Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

The Ultra Vires Exception to the Barton Doctrine is Very Narrow

Q: I am a state court receiver in a case that has been disrupted by a bankruptcy filing. The bankruptcy trustee has been threatening to sue me, in the bankruptcy court, for what she claims were negligent actions and to recover…more

2/13/2025 / Bankruptcy, Civil Procedure

Equitable Estoppel Can Be Invoked By a Non-Signatory Joint Employer to Compel Arbitration

Tell me if you have heard this one before: ten companies are sued by a former employee as “joint employers”, even though the employee technically worked for, and signed a binding arbitration agreement with, only one of them. The…more

2/12/2025 / Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

2025 IRS Mileage Rates Have Been Announced

The 2025 mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes have increased or remained unchanged from 2024, when rates were last modified…more

1/24/2025 / Labor & Employment Law, Taxation

More PAGA Updates: LWDA Publishes FAQ; AB 1034 Extends Exemption for Construction Employees under CBA

This summer, California passed significant and much-needed legislation reforming the Private Attorneys General Act (PAGA), which permits individual employees to sue employers on behalf of themselves, other employees, and the…more

1/23/2025 / Civil Procedure, Civil Remedies, Construction Law, Labor & Employment Law

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