A California appellate court recently denied a motion to compel arbitration, finding the agreement unconscionable in part because it (1) applied to all claims rather than just those arising from employment, (2) was unlimited...more
On July 1, 2024, Governor Gavin Newsom signed two complementary bills to reform the Private Attorneys General Act of 2004 (PAGA). According to Newsom, “This reform is decades in the making—and it’s a big win for both workers...more
7/5/2024
/ Corporate Counsel ,
Damage Caps ,
Department of Industrial Relations ,
Employment Litigation ,
Governor Newsom ,
Labor & Workforce Development Agency (LWDA) ,
Labor Code ,
Labor Law Violations ,
Penalties ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Statute of Limitations
In June 2022, the Supreme Court of the United States ruled in Viking River Cruises, Inc. v. Moriana that (1) the Federal Arbitration Act (FAA) requires the enforcement of an arbitration agreement that waives an employee’s...more
There is a new, but not entirely unexpected, front in the continuing war over California Labor Code Private Attorneys General Act (PAGA) claims. On July 20, 2022, the California Supreme Court granted review in Adolph v. Uber...more
On May 25, 2022, the California State Assembly approved Assembly Bill (AB) No. 2243, with the bill now proceeding to the Senate for a vote.
The bill has gone through revisions in the past two months, but it would require...more
On March 30, 2022, the Supreme Court of the United States heard oral argument in a critically important case for California employers, Viking River Cruises, Inc. v. Moriana, Case No. 20-1573. As we previously discussed, the...more
The Federal Motor Carrier Safety Administration (FMCSA) regulates the hours of service for drivers of certain property-carrying commercial motor vehicles. The FMCSA’s regulations include meal and rest break rules that...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
On November 15, 2021, the Supreme Court of the United States issued an order concerning the California Trucking Association’s (CTA) challenge to California’s independent contractor law, Assembly Bill (AB) 5. The Supreme...more
11/16/2021
/ ABC Test ,
Commercial Truck Drivers ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
New Legislation ,
Petition for Writ of Certiorari ,
Preemption ,
Preliminary Injunctions ,
SCOTUS ,
State Labor Laws ,
Trade Associations ,
Trucking Industry
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
9/23/2021
/ Appeals ,
Defense Strategies ,
Discovery ,
Due Process ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Penalties ,
Private Attorneys General Act (PAGA) ,
Staples ,
State Labor Laws
Taking a meal break in California is no simple affair. Culminating seven years of litigation involving one California employer, on February 25, 2021, the Supreme Court of California issued its unanimous opinion in Donohue v....more
3/5/2021
/ CA Supreme Court ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Rebuttable Presumptions ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Rounding ,
State Labor Laws ,
Timekeeping ,
Wage and Hour
In Davidson v. O’Reilly Auto Enterprises, LLC, No. 18-56188 (August 3, 2020), the Ninth Circuit Court of Appeals addressed whether a district court abused its discretion in denying class certification for an employee’s claim...more
On April 16, 2020, California Governor Gavin Newsom signed Executive Order (EO) N-51-20, which imposes new obligations on employers to provide up to 80 hours of supplemental paid sick leave to certain food sector workers. The...more
On January 16, 2020, the U.S. District Court for the Southern District of California entered an order granting a preliminary injunction requested by the California Trucking Association (CTA), which was represented by Ogletree...more
1/17/2020
/ ABC Test ,
Commercial Truck Drivers ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Injunctive Relief ,
Motor Carriers ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
State Labor Laws ,
Trade Associations ,
Trucking Industry ,
Trucking Regulations ,
Wage and Hour
On January 13, 2020, U.S. District Court Judge Roger T. Benitez left in place a temporary restraining order (TRO) enjoining the enforcement of California’s Assembly Bill (AB) 5 as to motor carriers operating in California....more
1/14/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Motor Carriers ,
Owner-Operators ,
Preemption ,
TRO ,
Trucking Industry
On September 18, 2019, Governor Gavin Newsom signed Assembly bill (AB) 5, which codifies last year’s Supreme Court of California decision establishing a new test to determine whether a worker is an independent contractor or...more
On September 11, 2019, the California Assembly passed a bill codifying last year’s Supreme Court of California decision establishing a new test to determine whether a worker is an independent contractor or an employee. The...more
9/13/2019
/ ABC Test ,
Employee Benefits ,
Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Misclassification ,
Pending Legislation ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
On January 29, 2019, the Third Circuit Court of Appeals concluded that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt New Jersey’s ABC test for determining whether a worker is an...more
In Duffey v. Tender Heart Home Care Agency, LLC, the California Court of Appeal for the First District addressed whether an in-home caregiver was an independent contractor or employee. Reversing a trial court order dismissing...more
2/12/2019
/ ABC Test ,
Appeals ,
Caregivers ,
Corporate Counsel ,
Domestic Workers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Home Health Care ,
Home Healthcare Workers ,
Independent Contractors ,
Reversal ,
Staffing Agencies
In an order with significant implications for motor carriers, the Federal Motor Carrier Safety Administration (FMCSA) concluded that California’s meal and rest break rules are preempted by federal transportation law and may...more
On January 15, 2019, the Supreme Court of the United States held that the Federal Arbitration Act (FAA) did not apply to wage claims brought by an interstate truck driver, even though the plaintiff was classified as an...more
1/16/2019
/ Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS ,
Trucking Industry
In a landmark decision, the Supreme Court of California adopted a new test to determine whether a worker performing services for a company is an employee or an independent contractor under California’s wage orders. The new...more
5/8/2018
/ ABC Test ,
CA Supreme Court ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Wage and Hour
On February 28, 2017, the California Court of Appeal issued a significant decision in Vaquero v. Stoneledge Furniture LLC (No. B269657). The decision, which was certified for publication, is the first ruling by a California...more