News & Analysis as of

Wage and Hour Federal Arbitration Act Employer Liability Issues

Roetzel & Andress

Trucking Companies Face Growing Wage & Hour Class Action Risks

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Are you a trucking company? If so, you may be exposed to class action lawsuits for minimum wage, break time, and overtime violations. Trucking companies are essential to our national economy and security. However, trucking...more

Troutman Pepper Locke

Federal Government Study Shows Independent Contractor Working Arrangement Steadily ‎Increasing: November 2024 IC Legal News Update

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The most compelling news involving independent contractor compliance and misclassification last month was not a class action lawsuit or a government investigation but rather a government study released by the Bureau of Labor...more

Seyfarth Shaw LLP

No Arbitration Even If Only One Claim Is Covered By EFAA

Seyfarth Shaw LLP on

Seyfarth Synopsis: The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) renders arbitration agreements unenforceable with regard to claims of sexual assault and sexual harassment....more

Troutman Pepper Locke

Jurors Disagree on Whether Ride Share Drivers Are Independent Contractors or ‎Employees: June 2024 IC Legal News Update ‎

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Lawyers representing ride share drivers have argued for years that their clients are being misclassified as independent contractors under federal and state laws. They have attained little success, however, obtaining...more

Miller Nash LLP

April and May Showered Employers with Legal Developments Locally and Nationwide

Miller Nash LLP on

April and early May have been busy times for employment practitioners. From noncompete bans to agencies issuing new gender discrimination guidance, the spring “showers” of laws and regulations and court decisions discussed...more

Cranfill Sumner LLP

Exception for “Transportation Workers” Under the Federal Arbitration Act Grows Larger

Cranfill Sumner LLP on

The courts will generally enforce employee arbitration agreements via the Federal Arbitration Act (“FAA”). However, a “transportation workers” exemption exists under the FAA. On April 12, 2024, the United States Supreme Court...more

CDF Labor Law LLP

SCOTUS Set To Weigh In On Whether Courts May Dismiss Actions That Are Referred To Arbitration

CDF Labor Law LLP on

CDF Wage and Hour Task Force – Monthly Blog - Enforceable arbitration agreements continue to provide California employers who are faced with wage and hour claims with significant benefits....more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Clarifies PAGA Standing When “Individual PAGA Claims” Have Been Compelled to Arbitration

On July 17, 2023, the California Supreme Court decided an important state law issue raised by the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022). Viking River Cruises...more

Husch Blackwell LLP

California Supreme Court Keeps Representative PAGA Claims Afloat in State Court

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In June 2022, the United States Supreme Court held in Viking River Cruises v. Moriana—contrary to California precedent—that the Federal Arbitration Act (FAA) allows PAGA claims to be split into individual and non-individual...more

Procopio, Cory, Hargreaves & Savitch LLP

Disappointing News for Employers: California Supreme Court Upholds Employees’ Rights to Pursue PAGA Representative Claims in Court...

California employees can now seek representative (non-individual) Private Attorneys General Act (PAGA) penalties in court even when their individual PAGA claims are compelled to arbitration, thanks to a highly anticipated...more

Weintraub Tobin

CA Supreme Court Holds Compelling Arbitration of Individual PAGA Claim Does Not Strip Standing to Litigate Representative Claims

Weintraub Tobin on

Yesterday, the California Supreme Court, in Adolph v. Uber Technologies, Inc., addressed the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 142 S.Ct. 1906 (2022). The much-anticipated Adolph...more

Payne & Fears

Helping Employers Traverse the PAGA Jungle: Key Takeaways

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Navigating the Private Attorneys General Act (PAGA) landscape can be overwhelming for California employers. To help employers stay updated on the ever-evolving statute, this article highlights key takeaways from our recent...more

Ervin Cohen & Jessup LLP

Uber Drivers Cannot Bring Class Action for Employment Claims

In a matter of first impression, a panel for the Third U.S. Circuit Court of Appeals recently affirmed a judgment of the District Court of New Jersey in Singh v. Uber Techs., Inc. (April 26, 2023), compelling arbitration in a...more

Sheppard Mullin Richter & Hampton LLP

Fording Viking River, Another California Court of Appeal Holds That PAGA Plaintiffs Maintain Standing to Pursue “Representative”...

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

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Holds That a PAGA Plaintiff Maintains Standing to Assert Representative Claims Even When Individual...

On February 2, 2023, the California Court of Appeal issued an important follow-up decision to the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, — U.S. —, 142 S. Ct. 1906 (2022). Galarsa v....more

Payne & Fears

Key California Employment Law Case Studies: February 2023

Payne & Fears on

Helix Energy Solutions Group Inc. v. Hewitt, 143 Superior Court 677 (2023) - Summary - Employee was eligible for overtime pay under the Fair Labor Standards Act (“FLSA”) because his “daily-rate” plan did not satisfy...more

Littler

Littler Lightbulb: Labor & Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court. On October 3, the Justices agreed to hear In re Grand...more

Miller Nash LLP

Washington Court of Appeals Voids Class Action Waivers in Some Wage and Hour Claims

Miller Nash LLP on

In a recently published decision, the Washington Court of Appeals declared class action waivers in certain employment agreements unenforceable. In Oakley v. Domino’s Pizza, LLC, plaintiff Oakley brought claims under the...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Fisher Phillips

Massachusetts High Court Says Grubhub Delivery Drivers Must Arbitrate Claims

Fisher Phillips on

The Massachusetts Supreme Judicial Court (SJC) held yesterday that local Grubhub delivery drivers are not exempt from the Federal Arbitration Act (FAA), and those workers can be compelled to individually arbitrate their...more

CDF Labor Law LLP

CA Court of Appeal Upholds Arbitration Agreement Under FAA Preemption

CDF Labor Law LLP on

Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the...more

Greenberg Glusker LLP

Employers Feel the Heat from Summer Legal Updates — Minimum Wage Increases, Arbitration Enforcement, and New COVID Safety...

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Local Minimum Wage Increases Go Into Effect on July 1, 2022 - On July 1, 2022, a number of local governments throughout California will raise their minimum wage. In the City of Los Angeles, the new rate is $16.04/hour...more

CDF Labor Law LLP

Unpublished California Opinion Did Not Authorize Arbitration Over Threshold Issue of Independent Contractor or Employee in a PAGA...

CDF Labor Law LLP on

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

Epstein Becker & Green

#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®

This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California. EEOC Reports Surge of COVID-19-Related Charges On the heels of the Equal...more

Troutman Pepper Locke

What Companies Can Learn From an ERISA Case Alleging Independent Contract Misclassification: February 2022 IC Legal News Update

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This past month, the most notable lawsuit alleging independent contractor misclassification was an ERISA claim. ERISA lawsuits by workers alleging independent contractor misclassification can potentially expose companies to...more

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