Seyfarth Synopsis: On January 18, 2024, in Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court addressed the split in appellate authority as to whether trial courts have inherent authority to strike a PAGA...more
Seyfarth Synopsis: The California Supreme Court has held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court. Adolph v. Uber Technologies,...more
7/19/2023
/ Arbitration ,
Article III ,
CA Supreme Court ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Standing ,
Uber ,
Viking River Cruises Inc v Moriana
Seyfarth Synopsis: The California Supreme Court held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court in Adolph v. Uber Technologies,...more
7/19/2023
/ Arbitration ,
Article III ,
CA Supreme Court ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Standing ,
Uber ,
Viking River Cruises Inc v Moriana
Seyfarth Synopsis: The Second Appellate District entered the fray and, like the Fourth and Fifth Districts in Galarsa and Piplack, held that an individual PAGA representative still maintains standing to pursue non-individual...more
Seyfarth Synopsis: On June 15, 2022, in Viking River Cruises v. Moriana, the United States Supreme Court ruled that individual claims under the California Private Attorneys General Act (“PAGA”) can be compelled to arbitration...more
Seyfarth Synopsis: Calculating the correct “regular rate of pay” for overtime hours under California law, in order to properly factor in certain types of bonuses, can give nightmares to even the most diligent employers. The...more
Seyfarth Synopsis: A recent court decision credited Nike’s time and motion study showing employees spent mere seconds of time in off-the-clock bag checks, finding the checks to be too trivial and difficult to capture to...more