A California appellate court recently denied a motion to compel arbitration, finding the agreement unconscionable in part because it (1) applied to all claims rather than just those arising from employment, (2) was unlimited...more
On July 1, 2024, Governor Gavin Newsom signed two complementary bills to reform the Private Attorneys General Act of 2004 (PAGA). According to Newsom, “This reform is decades in the making—and it’s a big win for both workers...more
7/5/2024
/ Corporate Counsel ,
Damage Caps ,
Department of Industrial Relations ,
Employment Litigation ,
Governor Newsom ,
Labor & Workforce Development Agency (LWDA) ,
Labor Code ,
Labor Law Violations ,
Penalties ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Statute of Limitations
In June 2022, the Supreme Court of the United States ruled in Viking River Cruises, Inc. v. Moriana that (1) the Federal Arbitration Act (FAA) requires the enforcement of an arbitration agreement that waives an employee’s...more
On February 7, 2022, a California appellate court issued the latest decision regarding the Private Attorneys General Act (PAGA). Representative PAGA actions, which typically involve a relatively brief statute of limitations,...more
On September 9, 2021, a California Court of Appeal issued its ruling in Wesson v. Staples the Office Superstore, LLC, delivering a welcome victory to employers battling representative actions under the Private Attorneys...more
9/23/2021
/ Appeals ,
Defense Strategies ,
Discovery ,
Due Process ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Penalties ,
Private Attorneys General Act (PAGA) ,
Staples ,
State Labor Laws
Taking a meal break in California is no simple affair. Culminating seven years of litigation involving one California employer, on February 25, 2021, the Supreme Court of California issued its unanimous opinion in Donohue v....more
3/5/2021
/ CA Supreme Court ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Rebuttable Presumptions ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Rounding ,
State Labor Laws ,
Timekeeping ,
Wage and Hour
In Davidson v. O’Reilly Auto Enterprises, LLC, No. 18-56188 (August 3, 2020), the Ninth Circuit Court of Appeals addressed whether a district court abused its discretion in denying class certification for an employee’s claim...more
On September 11, 2019, the California Assembly passed a bill codifying last year’s Supreme Court of California decision establishing a new test to determine whether a worker is an independent contractor or an employee. The...more
9/13/2019
/ ABC Test ,
Employee Benefits ,
Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Misclassification ,
Pending Legislation ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
In Duffey v. Tender Heart Home Care Agency, LLC, the California Court of Appeal for the First District addressed whether an in-home caregiver was an independent contractor or employee. Reversing a trial court order dismissing...more
2/12/2019
/ ABC Test ,
Appeals ,
Caregivers ,
Corporate Counsel ,
Domestic Workers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Home Health Care ,
Home Healthcare Workers ,
Independent Contractors ,
Reversal ,
Staffing Agencies
In a landmark decision, the Supreme Court of California adopted a new test to determine whether a worker performing services for a company is an employee or an independent contractor under California’s wage orders. The new...more
5/8/2018
/ ABC Test ,
CA Supreme Court ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Wage and Hour