The FAA preempts California’s Code of Civil Procedure section 1281.97, which requires employers to pay arbitration fees within 30 days of the due date or return the case to court, a state appellate panel has ruled....more
In a highly anticipated ruling, the California Supreme Court has held that employees may still have standing to sue for Labor Code violations in a representative capacity, even when their individual claims have been compelled...more
7/19/2023
/ Arbitration ,
Arbitration Agreements ,
Article III ,
CA Supreme Court ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Standing ,
Viking River Cruises Inc v Moriana
Yesterday, the United States Supreme Court issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, regarding California’s ban on Private Attorney General Act (PAGA) representative waivers...more
6/16/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Federal Arbitration Act ,
Federal v State Law Application ,
Iskanian v CLS Transportation ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
Health care is facing a tidal wave of change—from enforcement actions around CARES Act funding to employment issues in a post-COVID workplace to questions around telehealth coverage to controversies over gender identity...more
4/6/2022
/ Abortion ,
Arbitration ,
CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employment Litigation ,
Enforcement Actions ,
Gender Identity ,
Health Care Providers ,
Health Insurance ,
Health Plan Sponsors ,
MCOs ,
Mental Health ,
Physicians ,
Pregnancy ,
Reasonable Accommodation ,
Remote Working ,
Surprise Medical Bills ,
Telehealth ,
Webinars
In a major turn of events for California employers, on December 15, 2021, the U.S. Supreme Court granted certiorari in a case that challenges California’s ban on arbitration agreements that limit employees’ right to sue their...more
12/17/2021
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Labor Regulations ,
Petition for Writ of Certiorari ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Wage and Hour
Last month, a split Ninth Circuit panel ruled that certain portions of California’s Assembly Bill 51 (2019) were not preempted by the Federal Arbitration Act (FAA) and held that employers are prohibited from requiring...more
10/28/2021
/ Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
Motion To Enjoin ,
Preemption ,
State Labor Laws
On September 15, 2021, a split Ninth Circuit panel ruled that certain portions of California’s Assembly Bill 51 (2019) were not preempted by the Federal Arbitration Act (FAA), raising questions as to whether many employers’...more
AB 51 was signed into law on October 10, 2019, and purported to outlaw the use of mandatory arbitration agreements in employment claims related to the Fair Employment and Housing Act or the Labor Code. You can read our...more
Will Single-Use Products and Packaging Be a Thing of the Past in California? -
Walk down virtually any street, sidewalk, path, beach or trail in California and you will invariably find at least some single-use product or...more
6/13/2019
/ Arbitration ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Made in the USA ,
Opt-Outs ,
Popular ,
Retailers ,
SCOTUS ,
Single-Use/No Resale Restriction
The Supreme Court, in a sharply-divided 5-4 ruling issued on April 24, ruled that nothing in the Federal Arbitration Act allows courts to compel class action arbitration even if the contract is ambiguous in that regard, and...more
No Class Action Waivers on PAGA Claims: With Cert Denial, California’s Iskanian Decision Stands -
Why it matters: It’s official: The U.S. Supreme Court has declined to review the California Supreme Court’s decision in...more
2/5/2015
/ ABC Test ,
Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Employee Definition ,
Family and Medical Leave Act (FMLA) ,
Independent Contractors ,
Iskanian v CLS Transportation ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
SCOTUS ,
Sick Leave
EEOC’s Wellness Challenge Feeling Under the Weather -
Why it matters: The Equal Employment Opportunity Commission’s (EEOC) efforts to challenge employer wellness programs hit a snag when a federal court judge in...more
12/1/2014
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
Class Action Arbitration Waivers ,
Conde Nast ,
D.R. Horton v NLRB ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
GINA ,
Honeywell International ,
Iskanian ,
Murphy Oil USA ,
Ralphs ,
Unpaid Interns ,
Wellness Programs
State Voters Pass Paid Sick Leave, Wage Increases -
Why it matters: The polls have closed and the votes are in: The midterm elections will have a significant impact on employers across the country as voters in multiple...more
11/21/2014
/ Arbitration ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Facebook ,
Halliburton ,
Independent Contractors ,
Iskanian ,
Minimum Wage ,
NLRB ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
Sick Leave ,
Social Media ,
Trucking Industry ,
Wage and Hour ,
Wellness Programs
Today, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transportation Los Angeles, Inc. The Court upheld the general enforceability of class waivers in mandatory employment arbitration...more
Telecommuting May Constitute A Reasonable Accommodation Under The ADA -
Why it matters: Telecommuting may constitute a reasonable accommodation under the Americans with Disabilities Act, the 6th U.S. Circuit Court of...more
5/15/2014
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Apple ,
Arbitration ,
eBay ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Google ,
Hiring & Firing ,
Intel ,
Intuit ,
Pixar ,
Reasonable Accommodation ,
Telecommuting
California Employers Face Rise In PAGA Suits -
Why it matters: California employers are facing a proliferation of suits filed under the State’s Private Attorney General Act (PAGA): new data reveals that the number of...more