California Employment News: Can Pre- and Post-Shift Activities Be Compensated (Podcast)
California Employment News: Can Pre- and Post-Shift Activities Be Compensated
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California Employment News: Premium Pay Constitutes Wages
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AGG Talks: Background Screening - Redaction of Identifiers by the Courts Update, Breaking News from California
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In August 2000, the California Supreme Court handed down a landmark ruling that changed the face of employment arbitration agreements going forward. That case, known as Armendariz v. Foundation Health Psychcare Services,...more
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
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
The California Supreme Court recently handed down an intriguing decision which casts doubt on – and in some cases even condemns – some of the most common practices used by employers in both drafting and presenting arbitration...more
In ZB, N.A. v. Superior Court of San Diego County (Lawson), the California Supreme Court held that unpaid wages are not civil penalties under California Labor Code section 558 and are therefore outside the reach of...more
Seyfarth Synopsis: The California Supreme Court has held that an individual may not seek unpaid wages under Labor Code section 558. Section 558 can be invoked only by the Labor Commissioner or by an individual suing under...more
California employers just won a major victory this week when the California Supreme Court issued its long-awaited decision in ZB, N.A. v. Superior Court. The exposure in Private Attorneys General Act (PAGA) cases was...more
Seyfarth Synopsis: The California Supreme Court invalidated an employment arbitration agreement on August 29, 2019. At issue in OTO, LLC v. Kho was an agreement to arbitrate employment claims, including wage claims. Under the...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
While most states permit parties to waive the right to a jury trial by contract before a dispute arises, the California Supreme Court held over a decade ago that California is not one of them. Recently, a California court...more
The California Supreme Court has held that an arbitrator, rather than a court, has the power to decide whether class claims can proceed in arbitration, where the parties’ arbitration agreement is ambiguous on the question....more
A divided California Supreme Court has held that an arbitrator, rather than a court, should determine whether an arbitration clause in an employment agreement allows employees to bring their claims in arbitration on a...more
California’s back-and-forth on arbitrations and class actions continued again this week. In a key 4-3 decision the California Supreme Court held that the arbitrator—not the court—can decide whether an arbitration...more
In this case, a former employee of a retail store appealed to the California Supreme Court seeking reversal of an appellate court decision which found that an arbitration agreement in her employment application was not...more
Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more