Jennifer Darling

Jennifer Darling

Nossaman LLP

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Latest Publications


A Call to Action: AB 465 is a Game Changer for California Arbitration Agreements

AB 465 is pending approval from Governor Jerry Brown. If approved, it will go into effect on January 1, 2016. Notably, AB 465 will prohibit California employers from requiring most individuals to enter into arbitration...more

9/22/2015 - Arbitration Agreements AT&T Mobility AT&T Mobility v Concepcion Class Action Arbitration Waivers Compliance Employment Contract Hiring & Firing SCOTUS Unconscionable Contracts

Did You Know…Amendments to California’s Mandatory Paid Sick Leave Law Effective Immediately

Significant amendments to California’s new Paid Sick Leave Law, the Healthy Workplace, Healthy Families Act of 2014, went into effect immediately upon Governor Brown’s signature on July 13, 2015. The amendments include the...more

7/16/2015 - Compliance Employee Benefits Employment Policies Healthy Workplaces Healthy Families Act 2014 Non-Exempt Employees PTO Safe Harbors Sick Leave Wage and Hour

New CFRA Amendments Take Effect July 1

On July 1, 2015, as previously reported, new California Family Rights Act ("CFRA") regulations will take effect. These amended regulations clarify areas of confusion and bring the CFRA into closer alignment with its federal...more

6/23/2015 - Best Management Practices CFRA Covered Entities Employee Rights Employer Liability Issues Essential Functions FMLA Medical Leave Pregnancy Recertification Spouses

Did You Know…Bill Mandating Paid Sick Leave Signed By Governor

Governor Edmund G. Brown Jr. just signed the Healthy Workplaces, Healthy Families Act of 2014, which takes effect on July 1, 2015. The new law requires nearly every employer in California to provide any employee who has...more

9/12/2014 - Employee Rights Employer Liability Issues New Legislation Paid Leave Sick Leave

Did You Know…California Supreme Court Approves Class-Action Waivers, But Disapproves PAGA Representative Claim Waivers

The California Supreme Court has issued its highly-anticipated opinion in Iskanian v. CLS Transportation Los Angeles, LLC (“Iskanian”). The decision is mixed for employers: the Court ruled that arbitration agreements...more

6/25/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act Iskanian PAGA Trucking Industry

California Supreme Court Issues Favorable Decision for Employers in Duran v. U.S. Bank

The California Supreme Court has issued its long-awaited decision in Duran v. U.S. Bank. In a significant victory for employers, the Court unanimously agreed to overturn a $15 million judgment in a wage and hour class action...more

6/17/2014 - Class Action Employer Liability Issues Exempt-Employees Over-Time Statistical Sampling Unpaid Overtime US Bank Wage and Hour

Did You Know...An $80,000 Facebook Post Costs $80,000

When does a confidentiality provision in a settlement agreement mean what it says? What if you tell your children about your confidential settlement and they post about it on Facebook? Well, here is what just might happen...more

3/7/2014 - Confidentiality Confidentiality Agreements Facebook Settlement Young Lawyers

Did You Know…California Raises Minimum Wage

On September 25, 2013, Governor Brown signed AB 10 into law, raising California’s minimum wage from $8 per hour today to $10 per hour by 2016. The bill will raise the minimum wage in two separate one-dollar...more

10/17/2013 - Minimum Wage New Legislation Paid Leave Posting Requirements Rest and Meal Break Salespersons Split-Shift Wages White-Collar Exemptions

Did You Know…Ninth Circuit Holds No Aggregation Of PAGA Penalties To Establish Federal Diversity Jurisdiction

In Urbino v. Orkin Servs. of California Inc., a divided Ninth Circuit held that civil penalties recoverable by individual employees under California’s Private Attorneys General Act of 2004 (“PAGA”) cannot be aggregated to...more

8/27/2013 - Aggregation Rules Amount in Controversy Diversity Jurisdiction Jurisdiction PAGA Penalties

Did You Know…U.S. Supreme Court Strengthens Class Action Waivers In AmEx Ruling

In another employer-friendly decision, the U.S. Supreme Court reinforced its support for class action waivers, ruling in American Express Co. v. Italian Colors Restaurant that an explicit class action waiver in an arbitration...more

7/9/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements AT&T Mobility AT&T Mobility v Concepcion Class Action Arbitration Waivers Federal Arbitration Act PAGA SCOTUS

Did You Know…U.S. Supreme Court Narrowly Defines “Supervisor” For Purposes Of Title VII Employer Liability

In Vance v. Ball State University, No.11-556, the U.S. Supreme Court ruled in favor of Ball State, making it harder for employees to sue employers for harassment under Title VII. ...more

7/9/2013 - Employer Liability Issues Harassment Racial Discrimination Retaliation Supervisors Title VII Vance v. Ball State University

Did You Know…Minimum Wage Hike Passes California Assembly

On May 30, the California Assembly passed AB 10, a bill that would increase California’s hourly minimum wage from $8 to $9.25 in three separate increments over the next three years. ...more


Did You Know…Court Of Appeal Applies Brinker To Reverse Denial Of Class Certification

On May 10, 2013, the California Court of Appeals in Faulkinbury v. Boyd & Associates reversed its denial of class certification as to meal period and rest period violations in light of the California Supreme Court’s decision...more

6/3/2013 - Brinker Class Action Class Certification Comcast v. Behrend Rest and Meal Break SCOTUS

Did You Know…Certain Businesses Are Now Required To Post Human Trafficking Notice

As anticipated, Senate Bill 1193 went into effect on April 1, 2013, requiring a broad range of businesses in the transportation, hospitality, and health care sectors to post public notices regarding slavery and human...more

5/16/2013 - Human Trafficking Posting Requirements

Did You Know…U.S. Supreme Court Ends Plaintiff’s CAFA Jurisdictional Gamesmanship

The United States Supreme Court ruled unanimously in Standard Fire Ins. Co. v. Knowles that plaintiffs bringing class actions cannot avoid federal jurisdiction by representing that the class will seek less than $5 million in...more

3/21/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction SCOTUS

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