Charles Stiegler

Charles Stiegler

Proskauer Rose LLP

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PAGA Claims and Arbitration – A Federal Court Parts Ways With Iskanian

The California Supreme Court’s decision in Iskanian v. CLS Transp. Los Angeles, LLC, held that class action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA) except as to claims that...more

10/16/2014 - Arbitration Arbitration Agreements Civil Monetary Penalty Federal Arbitration Act Iskanian PAGA Trucking Industry

Louisiana Has Joined 16 Other States and Prohibits Employers from Accessing Employee Online Accounts

Effective August 1, 2014, Louisiana joined at least sixteen other states that have enacted laws prohibiting or restricting employers from accessing employees' personal online accounts – including social media (Twitter,...more

8/11/2014 - Corporate Counsel Employee Rights Passwords Right to Privacy Social Media

California Supreme Court Leaves Unanswered Questions in Independent Contractor Case

On Monday, June 30, 2014, the California Supreme Court handed down its decision in Ayala v. Antelope Valley Newspapers, a lawsuit brought on behalf of a group of newspaper delivery carriers who alleged that they had been...more

7/2/2014 - Class Action Class Certification Employer Liability Issues Independent Contractors Misclassification News Corp

California Courts May No Longer Be Able to Certify a Ham Sandwich

Commentators have quipped that class certification is so easy in California that with little effort a group of plaintiffs could certify even a ham sandwich. In fact, we have seen a proliferation of recent appellate decisions...more

6/6/2014 - Class Action Class Certification Dukes v Wal-Mart Employment Policies Evidence SCOTUS Statistical Sampling US Bank

Court Approves FLSA Settlement that Extinguishes Related State Law Claims

When an employer settles a collective action lawsuit under the Fair Labor Standards Act (FLSA), may the settlement agreement also include a release of any rights to overtime pay which the plaintiffs may have under state law?...more

6/5/2014 - Collective Actions Employer Liability Issues FLSA Settlement Unpaid Overtime Wage and Hour Wells Fargo

California Labor Commissioner Introduces new “Wage Theft” Website, paid for by PAGA

On April 30, 2014, the California Labor Commissioner introduced a new website, WageTheftIsACrime.com in an outreach attempt aimed at what the Commissioner calls the “underserved population of low-wage workers.” Although the...more

5/9/2014 - Employee Rights Labor Commissioners PAGA Wage Theft Websites

Ninth Circuit Invalidates Attempt To Plead Around CAFA’s Jurisdictional Amount In Controversy

In 2005, Congress passed the Class Action Fairness Act (CAFA), which creates federal jurisdiction over class actions involving more than 100 class members and $5 million in controversy....more

9/3/2013 - Amount in Controversy CAFA Class Action Federal Jurisdiction

Right To Compel Arbitration Agreement Not Waived If Plaintiff Suffered No Prejudice From Delay

In a post last week, we noted a recent trend of federal courts strongly enforcing employment arbitration agreements under the Federal Arbitration Act (“FAA”)....more

8/27/2013 - Arbitration Arbitration Agreements Delays Federal Arbitration Act Motion to Compel Prejudice

California Moves to Reinstate Large Emotional Distress Damage Awards in “Mixed Motive” Cases

As regular readers of this blog know, it has been a busy summer for employment-related legislation in the California Legislature. Yet of all the bills currently wending their way through the legislative process, none would...more

8/23/2013 - Emotional Distress Damages Proposed Legislation

Second Circuit Reaffirms Enforceability of Arbitration Agreements Containing Collective Action Waivers In Two FLSA Cases

Two recent decisions from the U.S. Court of Appeals for the Second Circuit have reaffirmed the enforceability of employment-related arbitration agreements containing class action waivers....more

8/14/2013 - ADEA Arbitration Class Action Class Action Arbitration Waivers Federal Arbitration Act FLSA

California Senate Bill 404 Would Add Legal Protection for Employees Who Provide Medical or Supervisory Care to Family Members

California employers are well-advised to keep an eye on Senate Bill 404, a proposed amendment to the Fair Employment and Housing Act (“FEHA”), California’s primary anti-employment discrimination law....more

8/8/2013 - Anti-Discrimination Policies Discrimination Employer Liability Issues FEHA Proposed Legislation

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