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Offit Kurman

Key Trends in PAGA Arbitration Decisions: Insights for Employers and Legal Counsel

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The proliferation of wage and hour litigation in California and recent significant changes to the law have created uncertainty for employers and their lawyers alike. Both recent PAGA (Private Attorneys General Act of 2004)...more

Fox Rothschild LLP

New Jersey Supreme Court Declares Commissions Are Wages Under Wage Payment Law

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In a ruling that should command the attention of all employers in New Jersey who employ and pay commission-based salespersons, the New Jersey Supreme Court has held that commissions are wages under the New Jersey Wage Payment...more

Sheppard Mullin Richter & Hampton LLP

PAGA Plaintiffs Cannot Avoid Arbitration by Bringing a “Headless PAGA Lawsuit”

California’s Private Attorneys General Act (PAGA) allows “aggrieved employees” to sue their employers for Labor Code violations to collect civil penalties “on behalf of himself or herself and other current or former...more

Proskauer - California Employment Law

You Can’t Spell “Aggrieved Employees” Without an “I”: PAGA Claims Cannot be Headless

In yet another attempt to avoid arbitration agreements, plaintiffs’ lawyers in the wake of the blockbuster court decisions in Viking River Cruises, Inc. v. Moriana and Adolph v. Uber Technologies, Inc. began filing so-called...more

Seyfarth Shaw LLP

DraftKings Dispute with Former Executive Presents Battle Over Choice of Law for Non-Compete Agreements

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The ongoing battle between DraftKings Inc. and its former executive, Michael Hermalyn, remains contentious, with the District of Massachusetts’ decision to enforce Hermalyn’s non-compete now appealed and argued to the First...more

Sheppard Mullin Richter & Hampton LLP

California Strengthens Non-Competition Law

California has passed two new items of legislation, Senate Bill 699 and Assembly Bill 1076, which will further regulate and restrict the enforcement of employment non-compete agreements in California, and expand the scope of...more

Seyfarth Shaw LLP

Legislative Update: The End of the Road (for 2023)

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Seyfarth Synopsis: While Governor Newsom vetoed several impactful bills prior to his October 14, 2023, signing deadline, he approved a wide array of new laws with which businesses will need to comply with in 2024 and beyond,...more

Seyfarth Shaw LLP

Legislative Update: Nearing the End of the Road (for 2023)

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Seyfarth Synopsis: Now that the Legislature’s September 14, 2023 deadline to pass bills to the Governor has come and gone, we are providing an overview of  which employment bills are before the Governor for consideration,...more

Troutman Pepper Locke

California Court of Appeal Holds That Onboarding Documents Affect Enforceability of Otherwise Valid Arbitration Agreement

Troutman Pepper Locke on

Q. As part of the employee onboarding process, my company requests that employees sign several documents, including an arbitration agreement and confidentiality agreement, on the first day of employment. Is the arbitration...more

CDF Labor Law LLP

Ninth Circuit Rejects Enforcement of New Jersey Choice of Law and Non-Compete Agreement In Employment—The Importance of Being The...

CDF Labor Law LLP on

In novel and important decision, DePy Synthes Sales v. Howmedica Ostionic’s, Ninth Cir. Case No. 21-55126, on March 14, 2022, the Ninth Circuit Court of Appeals upheld the lower court’s decisions to prevent a former employer...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Payne & Fears

Ninth Circuit Vacates Preliminary Injunction Against Enforcement of Mandatory Employment Arbitration Agreement Ban

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This morning, in its decision in Chamber of Commerce v. Bonta, No. 20-15291, the Ninth Circuit Court of Appeals vacated a January 2020 preliminary injunction against enforcement of AB 51, a 2019 California law effectively...more

Seyfarth Shaw LLP

Ninth Circuit Hears Oral Arguments On Employment Arbitration Restrictions

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Seyfarth Synopsis: The legal battles over Assembly Bill 51 (AB 51)—which attempts to prohibit mandatory employment arbitration agreements - continue. The Ninth Circuit heard the much anticipated oral arguments earlier this...more

Jackson Lewis P.C.

Update On Arbitration Agreements In California: U.S. Supreme Court Denies Certiorari In OTO, LLC v. Kho

Jackson Lewis P.C. on

On June 8, 2020, the U.S. Supreme Court denied the employer’s petition for certiorari in OTO, LLC v. Kho. As background, in 2019, the California Supreme Court ruled in OTO that the arbitration agreement at issue was not...more

ArentFox Schiff

AB 51 Update: Federal Court Preliminarily Enjoins California Law Restricting Employment Arbitration Agreements

ArentFox Schiff on

On October 10, 2019, California Governor Gavin Newsom signed into law California Assembly Bill 51 (“AB 51”), which prohibits California employers from requiring prospective and current employees to “waive any right, forum, or...more

Seyfarth Shaw LLP

AB 51: Preliminary Injunction GRANTED

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Seyfarth Synopsis: Among other things, AB 51 makes it unlawful for employers to impose arbitration agreements on employees as a condition of employment, even if employees are permitted to opt out. AB 51 was quickly challenged...more

Littler

California Court Concludes that Anti-Arbitration Law is Likely Preempted

Littler on

On February 7, 2020, the U.S. District Court for the Eastern District of California issued an order supporting its injunction of Assembly Bill 51 (AB 51), an expansive anti-arbitration law enacted in October, which was...more

Littler

Federal Court Halts Enforcement of California Arbitration Law

Littler on

A California federal court has granted a preliminary injunction blocking enforcement of Assembly Bill 51, an expansive anti-arbitration law enacted in October and set to take effect on January 1, 2020....more

Mintz - Employment Viewpoints

California’s Ban on Mandatory Employment Arbitration Stayed for Now

California AB 51’s ban on mandatory employment arbitration remains stayed for now. AB 51 was passed in fall 2019 and essentially prohibits employers from requiring an applicant or employee to consent to mandatory arbitration...more

Vedder Price

TRO Halts New Arbitration Law AB51

Vedder Price on

On December 30, 2019, a federal District Court issued a Temporary Restraining Order (TRO) against the State of California temporarily enjoining the State from enforcing Assembly Bill 51 (AB 51) —the new California law...more

Seyfarth Shaw LLP

AB 51 Challenge: TRO Granted

Seyfarth Shaw LLP on

Seyfarth Synopsis: Set to take effect on January 1, 2020, AB 51 would make it unlawful for employers to impose arbitration agreements on employees as a condition of employment, even if employees are permitted to opt out. As...more

Lewitt Hackman

Employers: California Assembly Bill 51 on Hold For Now

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We previously highlighted Assembly Bill 51, which prohibits employers from requiring employees or applicants for employment to “waive any right, forum, or procedure for a violation” of the Fair Employment and Housing Act or...more

Vedder Price

2020 California Employment Law Roundup

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As 2019 draws to a close, employers in California have a busy new year ahead of them with expanded legal obligations, including significant new legislation regarding independent contractor status and mandatory arbitration...more

Proskauer - California Employment Law

California’s Arbitration Ban Challenged in Federal Court

As expected, California’s effort to ban employers from requiring employees and applicants to sign an arbitration agreement has been challenged in federal court. The lawsuit was filed by a business coalition that includes the...more

Best Best & Krieger LLP

[WEBINAR] 2019 Annual Labor & Employment Update

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From independent contractors to privacy to arbitration agreements - the California Legislature was busy in 2019 passing a wealth of new labor and employment laws that impact your business or agency. In this Best Best &...more

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