News & Analysis as of

CA Supreme Court Employer Responsibilities

Fox Rothschild LLP

A Simple Payment Error is not a Waiver of the Right to Arbitrate

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I have some good news for California employers seeking to enforce arbitration agreements. The California Supreme Court just held that non-payment of arbitration fees does not automatically waive the right to arbitrate....more

Jackson Lewis P.C.

California Supreme Court Allows More Flexibility on Arbitration Fee Payment Rules

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The California Supreme Court’s recent decision in Hohenshelt v. Superior Court addressed whether California’s Code of Civil Procedure section 1281.98, which requires the party that drafted the arbitration agreement to pay...more

Clark Hill PLC

California employers gain relief in arbitration fee deadline ruling

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In a highly anticipated decision, the California Supreme Court in Dana Hohenshelt v. Golden State Foods Corp. relieves some pressure for employers, holding that late payment of arbitration fees does not result in an automatic...more

CDF Labor Law LLP

CA Supreme Court Offers Relief to Employers For Unintentional Arbitration Fee Delays

CDF Labor Law LLP on

Background: The Thirty-Day Arbitration Fee Rule - In 2019, the California legislature amended the California Arbitration Act (CAA) to require the party who drafts an arbitration agreement to pay all required arbitration...more

Paul Hastings LLP

California Supreme Court Issues Decision Addressing Whether the FAA Preempts California's Rule Governing Late Payment of...

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The California Supreme Court issued its decision in Hohenshelt v. Superior Court, addressing whether the Federal Arbitration Act (FAA) preempts California's rule governing late payment of arbitration fees, Cal. Code Civ....more

Clark Hill PLC

California PAGA Reform Brings Employers Relief

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California employers can finally breathe a sigh of relief. The long-awaited and much-needed Private Attorneys General Act (“PAGA”) reform has arrived. While the reform falls well short of the ballot initiative efforts to...more

K&L Gates LLP

Keeping the Faith: Employer's Good Faith Belief Prevails

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In a rare victory for employers, the California Supreme Court unanimously held in Naranjo v. Spectrum Sec. Serv., Inc., S279397 (Decided 6 May 2024) that an employer’s “objectively reasonable, good faith belief” that it has...more

Beveridge & Diamond PC

California Employers are not Liable for the Spread of COVID-19 to Household Members

The California Supreme Court held this month that employers do not owe a duty of care under California law to prevent the spread of COVID-19 to employees’ household members. Kuciemba v. Victory Woodworks, Inc., S274191 (July...more

ArentFox Schiff

California Rejects Employer Liability for “Take-Home” COVID-19

ArentFox Schiff on

Ruling on a lingering legal issue from the COVID-19 pandemic, the California Supreme Court held that an employer is not liable for cases of “take-home” COVID-19 — that is, where a household member allegedly caught the virus...more

CDF Labor Law LLP

California Supreme Court Declines to Impose Tort Duty on Employers to Prevent Spread of COVID-19 to Employees’ Households

CDF Labor Law LLP on

The California Supreme Court held last week that a California employer does not owe a duty of care to prevent the spread of COVID-19 to members of an employee’s household. In a unanimous decision, Kuciemba v. Victory...more

K&L Gates LLP

California Supreme Court Raises the Stakes (Again) on Meal and Rest Break Law by Adding Derivative Penalties

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Highlights of Naranjo v. Spectrum Security Services, Inc. Premium pay - the additional hour of pay non-exempt employees are entitled to if their employer fails to provide them with timely, full, and uninterrupted meal and...more

Weintraub Tobin

Bad News For Employers: The California Supreme Court Disallows Rounding Meal Periods And Creates A Presumption That The Meal...

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Background: Under California law, employers must provide non-exempt employees with one 30-minute meal period that begins no later than the end of the fifth hour of work and another 30-minute meal period that begins no...more

BakerHostetler

California Supreme Court: Employee Time Punches Are Presumptive Evidence of Meal Period Compliance

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California’s Supreme Court issued an opinion today that will likely further increase employers’ risk of class action lawsuits arising out of meal periods. The court made two significant holdings: 1. While employers are...more

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