A recent decision from California’s Fifth District Court of Appeal has deepened the divide among state courts on a critical issue under the Private Attorneys General Act (PAGA): whether a plaintiff may pursue representative...more
8/5/2025
/ Appellate Courts ,
Arbitration ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Split of Authority ,
Standing ,
State Labor Laws ,
Statutory Interpretation ,
Viking River Cruises Inc v Moriana ,
Wage and Hour
California is adapting to the prevalence of technology in the modern workplace – especially artificial intelligence – as these digital tools become more embedded in business infrastructure. ...more
Until the United States Supreme Court’s decision in Viking River Cruises v. Moriana in 2022, California law had established that Private Attorneys General Act (“PAGA”) claims could not be subject to binding arbitration....more
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
/ Appeals ,
Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Representatives ,
Dispute Resolution ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Litigation Strategies ,
Private Attorneys General Act (PAGA) ,
Split of Authority ,
State Labor Laws
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
California law has long held that an employer’s good faith dispute over wages owed, if any, to its employees will preclude the imposition of “waiting time” penalties otherwise due following the termination of their...more
California has a habit of finding creative ways to protect employees from potential instances of discrimination or retaliation, no matter how remote. ...more
12/5/2024
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Constitutional Challenges ,
Employer Liability Issues ,
First Amendment ,
Fourteenth Amendment ,
New Legislation ,
NLRA ,
Political Speech ,
Preemption ,
Religious Expression ,
State Labor Laws
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
If you missed our last reminder, there is less than a week for most California employers to finalize and implement Workplace Violence Prevention Plans (“WVPP”) and have their employees trained on the company-specific policies...more
As we previously reported, the California Legislature amended several statutes regulating employer workplace safety policies, including existing injury and illness prevention plans, to also include a new, separate requirement...more
In 2022, Congress enacted the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (the “Act”) which provides that, at the election of the person alleging conduct constituting a sexual harassment dispute or...more
Employee claims of retaliation in the workplace have been on an upward trend since the California Legislature amended Labor Code section 1102.5 to include protections for whistleblower complaints made directly to a person...more
The California Legislature has sought in recent years to expand the rights of employees in nearly every facet of business in California. Employer restrictions on an employee’s ability to work in the same industry after...more
Senate Bill 616, which was signed into law by Governor Newsom this month, amends existing law regarding paid sick leave to California employees....more
Following the United States Supreme Court’s landmark ruling in Moriana v. Viking River Cruises, California courts were tasked with the open question of whether an “aggrieved” employee whose individual Private Attorneys...more
8/2/2023
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Class Representatives ,
Employment Litigation ,
Private Attorneys General Act (PAGA) ,
Standing ,
State Labor Laws ,
Uber ,
Viking River Cruises Inc v Moriana
In the 2020 general election, Californians passed Proposition 22, which gave ride-sharing and delivery app companies such as Uber, Lyft, and DoorDash the ability to continue classify their drivers as independent contractors. ...more
3/16/2023
/ CA Supreme Court ,
Constitutional Challenges ,
Delivery Drivers ,
DoorDash ,
Gig Economy ,
Independent Contractors ,
Lyft ,
Ridesharing ,
SEIU ,
State Constitutions ,
State Labor Laws ,
Uber
Employers throughout California have been keenly awaiting the final decision from the 9th Circuit Court of Appeals regarding the United States Chamber of Commerce’s challenge to California Labor Code section 432.6,...more
Private Attorneys General Act (“PAGA”) actions are the proverbial boogeyman to California employers. On June 15, 2022, the United States Supreme Court reined in some of this statute’s bite by holding that “aggrieved...more
In the words of Tom Cruise’s character Lt. Daniel Kaffee in A Few Good Men, “the hits keep on coming.” This quote crystallizes how California employers will undoubtedly feel following the California Supreme Court’s ruling in...more
6/2/2022
/ CA Supreme Court ,
Employer Liability Issues ,
Labor Code ,
Pre-Judgment Interest ,
Rate of Pay ,
Rest and Meal Break ,
Retroactive Application ,
State Constitutions ,
State Labor Laws ,
Wage and Hour ,
Wages
Since the California Supreme Court’s ruling in Iskanian v. CLS Transportation Los Angeles, LLC in 2014, it has been widely understood that Private Attorneys’ General Act (“PAGA”) actions cannot be subject to employment...more
Businesses and attorneys alike have kept a close eye on the developments surrounding the challenge to California Assembly Bill 51 (now codified as Labor Code section 432.6). Most recently, in a 2-1 decision, the 9th Circuit...more
12/28/2021
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Federal Rules of Appellate Procedure ,
Mandatory Arbitration Clauses ,
Petition For Rehearing ,
Preemption ,
Preliminary Injunctions ,
State Labor Laws
COVID-19 has had a unique and continued impact on health and safety requirements in the workplace. As a result, laws are being revised to catch up to the current work climate....more
11/19/2021
/ Amended Legislation ,
Cal-OSHA ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Exemptions ,
Health and Safety ,
Healthcare Facilities ,
Labor Code ,
Notice Requirements ,
OSHA ,
Reporting Requirements ,
State Labor Laws ,
Temporary Regulations ,
Vaccinations ,
Workplace Safety
In 2013 the California Legislature passed Assembly Bill 1386, which amended Labor Code section 98.2, giving the Labor Commissioner additional means to collect wages and penalties on behalf of workers. Labor Code section 98.2...more
In a year of tough decisions for California employers, the Ninth Circuit just issued another mixed bag of legal decisions to navigate, this time regarding the enforceability of mandatory arbitration agreements.
CA Labor...more
Since 2019, California employers have relied on Ferra v. Loews Hollywood Hotel, LLC, 40 Cal.App.5th 1239, for the proposition that only hourly wages would be used to calculate “premium pay” for meal or rest breaks under Labor...more
7/20/2021
/ CA Supreme Court ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Premium Pay ,
Rest and Meal Break ,
Retroactive Application ,
State Labor Laws ,
Timekeeping ,
Unpaid Overtime ,
Wage and Hour