#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
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
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
Following the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana (2022) U.S. 639 and the California Supreme Court’s decision in Adolph v. Uber Technologies, Inc. (2023) 14 Cal. 5th 1104, when...more
In Rodriguez v. Lawrence Equipment, Inc., Case No. B325261 (Nov. 8, 2024), the California Court of Appeal held that an employee who loses their Labor Code claims in an individual arbitration no longer has standing to pursue a...more
Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) - The Ninth Circuit vacated a district court’s dismissal of a former employee’s “non-individual” Private Attorneys General Act (PAGA) claims in the wake of...more
The California Supreme Court issued a much-anticipated Private Attorneys General Act (PAGA) decision in Adolph v. Uber Technologies, Inc. in July, departing from the United States Supreme Court’s 2022 ruling in Viking River...more
To have Private Attorneys General Act (PAGA) standing, a plaintiff must be an “aggrieved employee,” which is an individual who worked for an alleged violator and personally sustained at least one Labor Code violation. ...more
The California Supreme Court has closed the door on the employer-friendly rule the U.S. Supreme Court set out in the case of Viking River Cruises Inc. v. Moriana. There, the Supreme Court held that employees could waive their...more
On July 17, 2023, approximately one year after the U.S. Supreme Court’s landmark decision in Viking River Cruises, the California Supreme Court issued its highly-anticipated decision in Adolph v. Uber Technologies. The Court...more
We previously blogged about Viking River Cruises, Inc. v. Moriana, in which the U.S. Supreme Court held that individual employee claims under California’s Labor Code Private Attorneys General Act (PAGA) are subject to...more
California employers’ short-lived victory in the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana last June was substantially undone on Monday by the California Supreme Court’s decision in Adolph v. Uber...more
Seyfarth Synopsis: The California Supreme Court has held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court. Adolph v. Uber Technologies,...more
Seyfarth Synopsis: The California Supreme Court held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court in Adolph v. Uber Technologies,...more
As anticipated, earlier this week, the California Supreme Court broke from the U.S. Supreme Court’s Viking River Cruises v. Moriana decision, and further tipped the scales in favor of PAGA plaintiffs in California by holding...more
With its decision in Adolph v. Uber Technologies, Inc. (“Adolph”) the California Supreme Court has reignited the debate surrounding arbitration agreements containing waivers of an employee’s right to bring a representative...more
On July 17, 2023 in Adolph v. Uber Techs., Inc., No. S274671, 2023 WL 4553702 (Cal. July 17, 2023), the California Supreme Court held that an individual can maintain a class action in court under the Private Attorneys General...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
California’s Private Attorneys General Act of 2004 (“PAGA”) allows employees to act as an “agent” of the State of California and recover civil penalties for violations of the Labor Code through a civil action filed on behalf...more
California employers received welcome reassurance last week that they are free to require employees enter into arbitration agreements as a condition of employment. This is the result of an opinion from the Ninth Circuit last...more
This is the second post of a new monthly series of CDF’s Labor & Employment Law Blog providing California employers with wage and hour compliance tips and best practices. On the heels of the Ninth Circuit’s decision...more
The Federal Arbitration Act preempts state laws that inhibit parties from entering into arbitration agreements. In Chamber of Commerce v. Bonta, the Ninth Circuit ruled that the Federal Arbitration Act preempts...more
Yesterday, a three-judge Ninth Circuit panel revisited its own 2021 order and finally struck down California’s anti-mandatory employment arbitration law, Assembly Bill 51 (“AB 51”). In an opinion drafted by the former...more
Once again, California employers can require workers to sign arbitration agreements as a condition of employment. Following the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana and in a reversal of its...more
On February 15, 2023, in Chamber of Commerce of the United States of America et al. v. Bonta et al., a panel of the U.S. Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (“FAA”) preempts a state...more
The Court addresses arbitration of class and collective actions in Viking River Cruises, Inc. v. Moriana and Coinbase, Inv. V. Bielski.” Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022) US Supreme Court...more