As businesses integrate AI tools into operations, a spike in related litigation is no surprise, especially due to the lack of formal legal precedent. Last month, a federal court in the Northern District of California provided...more
Recently, the United States Court of Appeals for the Second Circuit upheld the dismissal of a class action against defendants Saks Inc., Gucci, Prada, Loro Piana, Brunello Cucinelli and other luxury good manufacturers....more
Frequently, employment arbitration agreements are written with the intent to apply to future disputes between an employee, the employer and the employer’s parent and sister companies....more
Join us for an informative webinar on the latest developments in the non-compete agreement arena with two members of CDF’s Unfair Competition & Trade Secret Practice Group: Dan M. Forman, Chair, and Ashley A. Halberda who...more
6/11/2024
/ California ,
Confidential Business Information (CBI) ,
Continuing Legal Education ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants ,
Trade Secrets ,
Webinars
Employers may be able to breathe a sigh of relief as a California Court of Appeal concluded that the Federal Arbitration Act (“FAA”) preempts state law that allowed employees to wriggle out of arbitration and win thousands of...more
Arbitration agreements are useful tools for California employers, but they are replete with potential dangers. An employer contemplating using arbitration in the workplace must evaluate whether it should be mandatory, the...more
5/10/2024
/ Arbitration ,
Arbitration Agreements ,
Best Practices ,
California ,
Class Action Arbitration Waivers ,
Continuing Legal Education ,
Contract Drafting ,
Employer Liability Issues ,
Employment Litigation ,
Human Resources Professionals ,
Mandatory Arbitration Clauses ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Webinars
On April 17, 2024, the United States Supreme Court delivered a win to employees holding that a lateral job transfer can be discriminatory under Title VII when the transfer brought some harm to the employee. The Supreme Court...more
The Ninth Circuit gave short shrift to employees’ claims that an intermediary in the commerce of strawberries was responsible for paying the farmworkers’ wages under a creative legal theory that the intermediary was a “client...more
6/13/2023
/ Agribusiness ,
California ,
Day Laborers ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Farm Workers ,
Farms ,
Joint Employers ,
Labor Code ,
Labor Contractor ,
State Labor Laws ,
Wage and Hour
Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the...more
7/22/2022
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Interstate Commerce ,
Motion to Compel ,
Preemption ,
Wage and Hour
A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action. Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent...more
4/19/2022
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Employee Definition ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Independent Contractors ,
Misclassification ,
Motion to Compel ,
Private Attorneys General Act (PAGA) ,
Uber ,
Wage and Hour
The California Court of Appeal, Brown v. Los Angeles Unified School District, recently ruled that that electromagnetic sensitivity (aka “being sick to Wi-Fi”) constituted a “physical disability” under Fair Employment and...more
On February 25, 2021, the California Supreme Court overturned an appellate court’s conclusion that employers could follow precedent and round meal and rest periods when applying a neutral rounding technique. Donohue v. AMN...more