CRST Expedited, Inc. v. Superior Court, 2025 WL 1874891 (Cal. Ct. App. 2025) -
Espiridion Sanchez filed this PAGA action against his former employer on behalf of himself and other allegedly “aggrieved employees.”...more
We invite you to review our newly-posted, May 2025 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Apple...more
As we reported here, a split in authority has developed in the California Court of Appeal regarding what to do when an employer moves to compel arbitration of a Private Attorneys General Act (PAGA) that is “headless”—that is,...more
On February 26, 2025, in Parra Rodriguez v. Packers Sanitation, Inc., the California Court of Appeal (Fourth Appellate District) issued the latest published decision addressing the practice of filing so-called “headless”...more
We invite you to review our newly-posted January 2025 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more
In yet another attempt to avoid arbitration agreements, plaintiffs’ lawyers in the wake of the blockbuster court decisions in Viking River Cruises, Inc. v. Moriana and Adolph v. Uber Technologies, Inc. began filing so-called...more
1/8/2025
/ Appeals ,
Arbitration Agreements ,
California ,
Civil Monetary Penalty ,
Class Action ,
Employee Rights ,
Employment Contract ,
Employment Litigation ,
Independent Contractors ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises Inc v Moriana
The California Labor Workforce Development Agency (LWDA) recently refreshed its Frequently Asked Questions (FAQs) regarding Private Attorneys General Act (PAGA) claims processing in light of the recent legislative reforms....more
We invite you to review our newly-posted September 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more
10/1/2024
/ Anti-Discrimination Policies ,
EEO ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Fraudulent Concealment ,
Hostile Environment ,
Non-Compete Agreements ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Race Discrimination ,
Reasonableness Factors ,
Retaliation ,
Slurs ,
Social Media ,
Termination ,
Uber ,
Unions
Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute -
Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) -
Erika Paleny alleged harassment, discrimination and...more
8/1/2024
/ ADEA ,
Age Discrimination ,
Appeals ,
Arbitration Agreements ,
Background Checks ,
Chevron Deference ,
Chevron v NRDC ,
Coronavirus/COVID-19 ,
Family and Medical Leave Act (FMLA) ,
Federal Arbitration Act ,
FEHA ,
Fraud ,
Loper Bright Enterprises v Raimondo ,
Lyft ,
Private Attorneys General Act (PAGA) ,
Retaliation ,
SCOTUS ,
Settlement ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
Whistleblowers
On June 27, 2024, by near-unanimous vote, the California Legislature passed two bills enacting much-needed reform to the Private Attorneys General Act (PAGA). We previously reported on the legislative compromise last week,...more
7/2/2024
/ Anti-Stacking Provisions ,
Audits ,
California ,
Compliance ,
Injunctive Relief ,
Labor Code ,
Labor Law Violations ,
New Legislation ,
Penalties ,
Policies and Procedures ,
Private Attorneys General Act (PAGA) ,
Standing ,
Statute of Limitations
We invite you to review our newly-posted May 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more
5/23/2024
/ Arbitration ,
Attorney's Fees ,
California ,
Employee Transfers ,
Employment Discrimination ,
Hostile Environment ,
Malicious Prosecution ,
Muldrow v City of St Louis ,
NASA ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Stock Options ,
Wages
Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) -
The Ninth Circuit vacated a district court’s dismissal of a former employee’s “non-individual” Private Attorneys General Act (PAGA) claims in the wake of...more
Estrada v. Royalty Carpet Mills, Inc., 15 Cal. 5th 582 (2024) -
The California Supreme Court affirmed an appellate court judgment that “trial courts lack inherent authority to strike PAGA claims on manageability...more
We invite you to review our newly-posted March 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more
All eyes will be on the United States this November as Americans head to the polls in the upcoming 2024 general election. Likely to go somewhat less noticed among the Presidential, Senate, and House races this year is a...more
A Single Incident Of Harassing Conduct May Create A Hostile Work Environment -
Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) -
Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more
1/26/2024
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Certification ,
Collective Actions ,
Employee Benefits ,
Enforcement ,
Fair Labor Standards Act (FLSA) ,
Labor Code ,
Over-Time ,
Poison Pill ,
Pre-Employment Agreements ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Release Agreements ,
Rest and Meal Break ,
Sexual Harassment ,
Wage and Hour ,
Whistleblowers
The California Supreme Court has issued its much-anticipated decision in Estrada v. Royalty Carpet Mills, Inc., determining whether Private Attorneys General Act (PAGA) claims can be dismissed as unmanageable. The Court...more
Back in the “good old days,” arbitration agreements barred just about any type of civil litigation that was filed in court. Then, as we reported in 2014, the California Supreme Court determined that Private Attorneys General...more
No Claim By Employee Who Was Friends With Alleged Harasser Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023) -
Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla...more
4/3/2023
/ Arbitration ,
California ,
Disability Discrimination ,
Fair Labor Standards Act (FLSA) ,
Labor Code ,
Over-Time ,
Pregnancy Discrimination ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Rest and Meal Break ,
Sexual Harassment ,
Wrongful Termination
Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus -
Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023) -
Joan Opara was terminated from her employment as an IRS revenue...more
2/9/2023
/ Age Discrimination ,
Anti-SLAPP ,
Appeals ,
Breach of Contract ,
Criminal Convictions ,
Fair Credit Reporting Act (FCRA) ,
Independent Contractors ,
Minimum Wage ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Wrongful Termination
On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme...more
6/24/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Federal Arbitration Act ,
Federal v State Law Application ,
Iskanian v CLS Transportation ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
Former UCLA Physician Can Proceed With Whistleblower Claims -
Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022) -
Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and...more
5/23/2022
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
CAFA ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Forced Labor ,
Hiring & Firing ,
Labor Code ,
Non-Compete Agreements ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
Manicurist Can Proceed With Hostile Work Environment Claim -
Fried v. Wynn Las Vegas, 18 F.4th 643 (9th Cir. 2021) -
Vincent Fried, a manicurist at a salon in the Wynn Hotel in Las Vegas, was sexually propositioned by a...more
1/20/2022
/ Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Hostile Environment ,
Labor Reform ,
Labor Regulations ,
Nonprofits ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Volunteers ,
Wage Statements ,
Wrongful Termination
Things aren’t looking so good for the long-term health of the Labor Code Private Attorneys General Act (“PAGA”).
On top of the U.S. Supreme Court’s granting review of a case challenging PAGA’s anti-arbitration rule and a...more
Christmas came early this year for California employers. Bucking the trend of unrelentingly bad news for employers in the state, the California Court of Appeal has held that the default (lower) penalties found in the Labor...more