News & Analysis as of

Arbitration Standing Wage and Hour

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Ervin Cohen & Jessup LLP

California Appellate Courts Split on “Headless” PAGA Standing: CRST Expedited Permits Broad Claims, While Leeper Awaits Review

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

Seyfarth Shaw LLP

PAGA Paraphrased — Rodriguez v. Lawrence Equip., Inc.

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The Second District again held that issue preclusion barred plaintiff’s PAGA claim because he failed to establish any violation of the Labor Code and arbitral findings have a preclusive effect on a plaintiff’s standing in a...more

Weintraub Tobin

Ninth Circuit Holds that Non-Individual PAGA Claims Cannot be Compelled to Arbitration Even When the Agreement Only Waives Class...

Weintraub Tobin on

On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macys West Stores, Inc. In that case, Diaz brought California Private Attorneys General Act (“PAGA”) claims against her former employer. The district court...more

CDF Labor Law LLP

Ninth Circuit Requires Federal Courts in California to Follow Adolph v. Uber

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On February 12, 2024, in Johnson v. Lowe’s Home Centers, LLC, the Ninth Circuit Court of Appeals held that an employee’s non-arbitrable, representative PAGA claims are not subject to dismissal when the plaintiff is ordered to...more

Epstein Becker & Green

In Adolph, California Supreme Court Holds That Plaintiffs Compelled to Arbitrate Their Individual PAGA Claims Have Standing to...

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The California Supreme Court has issued its highly anticipated decision in Adolph v. Uber Technologies, Inc., concluding that plaintiffs who must arbitrate their “individual” PAGA claims are not deprived of standing to pursue...more

Carlton Fields

2 Ways Calif. Justices' PAGA Ruling May Play Out

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Under California's Private Attorneys General Act, does an aggrieved employee — who has been compelled to arbitrate their individual claims under PAGA and the California Labor Code — maintain statutory standing to pursue PAGA...more

Seyfarth Shaw LLP

PAGA Paraphrased – Gregg v. Uber Technologies, Inc., 89 Cal.App.5th 786 (2023)

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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

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

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Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

Seyfarth Shaw LLP

2019 Employment Law: Cases Pending in the California Supreme Court

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Seyfarth Synopsis: Employment-related cases pending before the California Supreme Court concern various questions that sometimes seem technical, but the answers they elicit will have big consequences. ...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Holland & Knight LLP

Food and Beverage Law Update: August 2017

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Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

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