The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part II
Constangy Clips Ep. 4 - 3 Things that Keep your Labor and Employment Lawyer Up at Night
California Governor’s PAGA Deal: What Employers Need to Know - Employment Law This Week®
Clocking in with PilieroMazza: The Labor Equation: Pricing for Success
California Employment News: The Basics of Pay Exemptions
The Chartwell Chronicles: Employment Law
Podcast: California Employment News - The Basics of Wage Statement Compliance (Part 1)
#WorkforceWednesday: Whistleblower Regulations Increasing, #MeToo Bill Passes, Cyberfraud Risk Mitigation - Employment Law This Week®
The Labor Law Insider: Beware the Unfair Labor Practice - Not Just for Unions Anymore
What Should I Do If My Employer Failed to Pay Me Wages?
II-31- The Changing 9 to 5 From 1980 to Today
The Fifth District Court of Appeal held that under pre-reform PAGA, headless PAGA actions in which plaintiffs seek civil penalties only on behalf of other employees and not for violations they personally experienced are...more
The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have...more
As we’ve blogged on previously, there’s a split in the New York intermediate-level appellate courts as to whether a private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the...more
PAGA claims brought under pre-reform PAGA must be brought within one year of a Labor Code violation experienced by the plaintiff and because a PAGA claim necessarily has both an individual and a non-individual component,...more
In an effort to avoid arbitrating individual claims under the Private Attorneys General Act (“PAGA”), a recent trend emerged in California litigation involving “headless” PAGA lawsuits. Essentially, plaintiffs would expressly...more
In a significant development for California employers, the California Court of Appeal’s decision in Leeper v. Shipt, Inc. closed out 2024 by strengthening the enforceability of arbitration agreements in Private Attorneys...more
For participants in New York’s construction industry, the distinction between possession of supervisory authority, on the one hand, and the exercise of that authority, on the other, may have significant implications for their...more
In Androckitis v. Virginia Mason Medical Center, the Washington State Court of Appeals recently held that the remedy for meal period violations includes three components: (1) payment of time worked during the meal period;...more
In a welcome win for employers, the California Supreme Court recently blocked a PAGA plaintiff’s attempt to intervene and object to another PAGA plaintiff’s proposed settlement as a matter of right, in Turrieta v. Lyft, Inc.,...more
On January 18, 2024, the California Supreme Court issued a highly anticipated decision in Estrada v. Royalty Carpet Mills, Inc., determining whether trial courts can dismiss Private Attorneys General Act (PAGA) claims as...more
In Arias v. Superior Court, 46 Cal. 4th 969 (2009), the California Supreme Court ruled that Private Attorneys General Act (PAGA) actions need not satisfy class action requirements, and in the fourteen years since, PAGA...more
Summary - Emergency Rule 9, which tolled statutes of limitations for six months due to the COVID-19 pandemic, is valid and operates to extend the time to file a civil suit for a PAGA claim as well as the time period to...more
What Happens to the “Non-individual” PAGA Claims Now that Viking River Cruises Compels Arbitration of the “Individual” PAGA Claim? The U.S. Supreme Court’s 2022 decision in Viking River Cruises v. Moriana was widely seen...more
Earlier this week, the California Court of Appeal reached a decision that may ease employers’ worries when presented with a wage and hour lawsuit. California’s plaintiff-friendly laws provide avenues for plaintiffs to...more
New York’s Court of Appeals sided with defendants in three recent decisions in cases alleging violations of New York Labor Law Section 240(1). New York’s Labor Law maintains particularly high standards for defendants that are...more
The California Supreme Court sides with employees in Naranjo v. Spectrum Security Services, finding derivative claims available for waiting time and pay stub penalties available for meal and rest break violations. This...more
On February 7, 2022, a California appellate court issued the latest decision regarding the Private Attorneys General Act (PAGA). Representative PAGA actions, which typically involve a relatively brief statute of limitations,...more
The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous: Can volunteers in fact volunteer their time for nonprofit organizations without receiving pay or other forms of...more
On September 9, 2021, a California Court of Appeal issued its ruling in Wesson v. Staples the Office Superstore, LLC, delivering a welcome victory to employers battling representative actions under the Private Attorneys...more
In a win for employers, the U.S. Court of Appeal for the 9th Circuit just ruled that heightened penalties for subsequent violations under California’s Private Attorney General Act (PAGA) cannot be imposed until the employer...more
The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more
For a little over a year, California employers and courts have been wrestling with the impact of Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018), which dramatically altered the independent contractor...more
Ever since the California Supreme Court issued its groundbreaking decision in Dynamex Operations W., Inc. v. Superior Ct., 4 Cal. 5th 903 (2018), we have been monitoring its application by the lower courts. On October 8,...more
In bringing meal and rest period claims on behalf of their clients, the plaintiffs’ bar has long argued that merely because there was an alleged meal or rest period violation, there were also “derivative” statutory violations...more
The California Court of Appeal recently ruled that a "wage and hour" exclusion in an employment practices liability insurance ("EPLI") policy must be narrowly interpreted to extend coverage for reimbursement claims brought...more