James W. Michalski

James W. Michalski

Holland & Knight LLP

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Latest Publications


New California Labor and Employment Laws for 2016

As in recent years, the California Legislature passed and Gov. Jerry Brown signed numerous labor and employment bills into law in 2015. Each become effective on Jan. 1, 2016, unless otherwise stated. This Alert highlights the...more

12/31/2015 - Cheerleaders Commercial Truck Drivers FEHA Gender-Based Pay Discrimination Grocery Store Workers Healthy Workplaces Healthy Families Act 2014 Minimum Wage New Legislation Piece-Rate Pay Popular Wage and Hour

Ninth Circuit, California Agree: Employee Waivers of PAGA Representative Claims Unenforceable

A divided panel in the U.S. Court of Appeals for the Ninth Circuit recently issued a 2-1 decision in the anticipated case of Sakkab v. Luxottica Retail North America, Inc. (Luxottica). Over a strongly worded dissent, the...more

11/9/2015 - Arbitration Agreements CA Supreme Court Class Action Arbitration Waivers Corporate Counsel Federal Arbitration Act Iskanian v CLS Transportation PAGA

Reminder for California Employers: Paid Sick Leave Effective July 1, 2015 - Both Non-Exempt and Exempt Employees Are Covered by...

On July 1, 2015, California’s Healthy Workplaces, Healthy Families Act of 2014 takes effect. Given the fast-approaching deadline for compliance, this is a reminder about the new law and its requirements. The highlights of the...more

6/18/2015 - Accrued Benefits Employee Benefits Healthy Workplace Act Labor Commissioners New Legislation PTO Sick Leave Sick Pay Wage and Hour

Trade Secrets Misappropriation Suit Over Solicitation of Employees - Cypress Semiconductor Corporation v. Maxim Integrated...

In Cypress Semiconductor Corporation v. Maxim Integrated Products, Inc., the California Court of Appeal affirmed a trial court’s award of $180,817.50 in attorneys’ fees plus costs to Maxim Integrated Products, Inc. as the...more

6/4/2015 - Appeals Attorney's Fees Bad Faith Employee Solicitation Hiring & Firing Misappropriation Popular Trade Secrets Unfair or Deceptive Trade Practices

New California Labor and Employment Laws for 2015

Like most recent years, the California Legislature passed and Governor Jerry Brown signed many labor and employment bills into law once again in 2014. Below are highlights of the most significant new laws. Each will become...more

12/31/2014 - Discrimination Employer Liability Issues Employer Mandates Jerry Brown Joint Employers New Legislation OSHA Popular Sick Leave Wage and Hour

Murphy Oil USA, Inc.: NLRB Holds on Class Action Arbitration Agreements - NLRB Reaffirms Its 2012 D.R. Horton Ruling Despite...

The National Labor Relations Board (Board) in Murphy Oil USA, Inc. and Sheila M. Hobson (Murphy Oil) refused to back away from its controversial 2012 ruling in D.R. Horton, Inc. and Michael Cuda (D.R. Horton) finding class...more

11/11/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers D.R. Horton v NLRB Employer Liability Issues Federal Arbitration Act Murphy Oil USA NLRA NLRB

Class Action Waivers in Employment Arbitration Agreements Enforceable - Landmark California Supreme Court Ruling Is Positive for...

In an opinion filed June 23, 2014, Iskanian v. CLS Transportation Los Angeles, LLC,(Iskanian) the California Supreme Court gave employers some relief when faced with class action suits. The court's significant decision will...more

7/2/2014 - Arbitration Class Action Class Action Arbitration Waivers CLS Transportation Employer Liability Issues Employment Contract Federal Arbitration Act Iskanian PAGA Trucking Industry Wage and Hour

New California Employment Laws for 2014: What Your Business Needs to Know

The California Legislature enacted numerous employment laws in 2013 that affect California employers. The significant changes initiated by these statutes include a higher minimum wage, increased whistleblower protections and...more

12/30/2013 - Employment Policies State Immigration Laws Wage and Hour Whistleblower Protection Policies

California Supreme Court Issues Mixed Decision in Mixed-Motive FEHA Employment Discrimination Case

The California Supreme Court's recent decision in a closely watched Fair Employment and Housing Act (FEHA) case should be of interest to employers around the country, even though — or perhaps because — it does not provide an...more

2/26/2013 - But For Causation Discrimination FEHA Jury Instructions Mixed Motive Cases Pregnancy Pregnancy Discrimination Prejudicial Error Standard of Proof Substantial Motivating Factor Test Title VII

Public Sector Unions Must Give Each Member Special Notice and Receive Affirmative Consent Before Collecting Special Assessment or...

In a 5-2 opinion, with a concurrence only in the result by two Justices, the United States Supreme Court held that “when a public-sector union imposes a special assessment or dues increase” to cover expenses that were not...more

7/3/2012 - First Amendment Public Sector Unions Union Dues Unions

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