California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability
(Podcast) California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability
#WorkforceWednesday®: PAGA in California, NLRB Authority, New Employment Laws in 2025 - Employment Law This Week®
California Employment News - Navigating the New PAGA Reforms: What Employers Need to Know
California Employment News - Navigating the New PAGA Reforms: What Employers Need to Know (Podcast)
California Governor’s PAGA Deal: What Employers Need to Know - Employment Law This Week®
#WorkforceWednesday: California’s Non-Compete Notice Deadline Approaches, California Workplace Violence Regulations, Estrada Decision Keeps Door Open for PAGA Challenges - Employment Law This Week®
Podcast: California Employment News - The Basics of Wage Statement Compliance (Part 1)
California Employment News: The Basics of Wage Statement Compliance (Part 1)
#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
California Employment News: US Supreme Court “Viking River” Decision Brings PAGA Relief for CA Employers
California Employment News: PAGA - The Four-Letter Word of Employment Law
#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®
Case in Point -- Recent Updates in California Employment Law
Until the United States Supreme Court’s decision in Viking River Cruises v. Moriana in 2022, California law had established that Private Attorneys General Act (“PAGA”) claims could not be subject to binding arbitration....more
As we have reported time and again, California courts have applied extra scrutiny to employee arbitration agreements in recent years, and have not hesitated to deny arbitration where there is a reasonable basis for doing so. ...more
The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments....more
The Fourth District held that a motion to compel arbitration is not the correct vehicle to challenge a plaintiff’s failure to plead the individual component of a PAGA claim affirming the Superior Court’s denial of a motion to...more
Prior to the United States Supreme Court’s decision in Viking River Cruises Inc. v. Moriana, California courts did not consider the components of a Private Attorneys General Act (“PAGA”) claim. ...more
The California Court of Appeal, Second Appellate District, in Leeper v. Shipt, Inc., No. B339670, 2024 WL 5251619 (Cal. Ct. App. Dec. 30, 2024) (Leeper) issued a significant decision benefiting employers seeking to enforce...more
Join us for a lively discussion of critical year-end updates for California employers. We will address new legislation and key case rulings. Topics include: - Key bills relating to freelance workers, “captive audience”...more
In Johnson v. Lowe’s Home Centers LLC, the Ninth Circuit Court of Appeals affirmed a district court order granting defendant Lowe’s motion to compel arbitration of plaintiff Maria Johnson’s individual claims brought under...more
In early 2020, Alco Harvesting, LLC hired Jesus Guzman, a citizen of Mexico, to perform agricultural work in Santa Maria under the H-2A visa program. The H-2A visa program allows employers to hire foreign nationals to engage...more
Since the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana, employers have been implementing and enforcing arbitration agreements requiring employees to arbitrate their individual Private Attorneys’ General...more
Several developments have surfaced in the past few months regarding PAGA standing in the wake of the U.S. Supreme Court’s Viking River Cruises decision. Payne & Fears is hosting an interactive, in-person event that aims to...more
The panel of the Ninth Circuit Court of Appeals that largely upheld California’s law banning mandatory arbitration agreements in the employment context just withdrew its decision. On August 22, 2022, two of the three...more
The Supreme Court this term issued rulings in several cases involving arbitration. In Morgan v. Sundance, Plaintiff Robyn Morgan, who worked at a Taco Bell franchise owned by Sundance, filed a class action lawsuit against her...more
On June 15, 2022, the United States Supreme Court issued its much anticipated decision in Viking River Cruises, Inc. v. Moriana. The Supreme Court held that California’s rule invalidating pre-dispute agreements waiving the...more
California employment litigators currently feel as if the world is at a standstill. Each and every attorney, whether counsel for defense or plaintiff, is holding their breath. For the last couple of years, plaintiff’s...more
A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action. Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent...more
The Supreme Court has recently taken the challenge of assessing the scope and breadth of workplace arbitration provisions under the Federal Arbitration Act (“FAA”) in Viking River Cruises, Inc. v. Moriana, and Southwest...more
Since the California Supreme Court’s ruling in Iskanian v. CLS Transportation Los Angeles, LLC in 2014, it has been widely understood that Private Attorneys’ General Act (“PAGA”) actions cannot be subject to employment...more
While the California Supreme Court has repeatedly upheld arbitration agreements with class action waivers (as they must under the Federal Arbitration Act), in a now infamous (and controversial) decision from 2014, the court...more
Ninth Circuit Resurrects California’s Anti-Arbitration Statute - Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021) - The Ninth Circuit Court of Appeals reversed in part a 2020 preliminary...more
A California appellate court has ruled in Rosales v. Uber Technologies, Inc. that whether a plaintiff has standing to bring a Private Attorneys General Act (PAGA) action is a question that cannot be delegated to an...more
Even after the Supreme Court’s favorable decision in Epic Systems Corp. v. Lewis (“Epic”), California courts will not compel a PAGA claim to arbitration. In Collie v. The Icee Co., a former employee of The Icee Company,...more
A recent Court of Appeal decision reminds California employers to review severability provisions within employment arbitration agreements. In Nichole Kec v. Superior Court, a former employee (Kec) brought individual, class...more
Betancourt v. OS Rest. Servs., LLC, No. B293625, 2020 WL 2570839 (Cal. Ct. App. Apr. 30, 2020) - Summary: A plaintiff is not entitled to recover penalties for waiting time and wage statement violations based on claims of...more
In ZB, N.A. v. Superior Court of San Diego County (Lawson), the California Supreme Court held that unpaid wages are not civil penalties under California Labor Code section 558 and are therefore outside the reach of...more