Proskauer - California Employment Law

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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 were…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Labor & Employment Law

Lawful Shmawful: Ninth Circuit Ignores Lawful Written Policy and Uses Statistical Sampling to Certify Class Based on Alleged “Unofficial Policy”

On September 3, 2014, the U.S. Court of Appeals for the Ninth Circuit upheld certification of a class of approximately 800 nonexempt insurance claims adjusters who claimed they worked overtime without compensation despite the…more
| Civil Procedure, Labor & Employment Law

Thou Shalt Not Bully – Employers Must Educate Supervisors about “Abusive Conduct”

California businesses that have 50 or more employees are already required to train supervisors on legally prohibited sexual harassment. Following California Governor Jerry Brown’s recent signing of A.B. 2053, that training must…more
| Civil Rights, Labor & Employment Law

Unpaid Interns Are Now Protected Against Discrimination and Harassment

On September 9, 2014, California Governor Jerry Brown signed A.B. 1443, which extends the state’s anti-harassment and anti-discrimination protections to unpaid interns. Employers are now prohibited from discrimination…more
| Civil Rights, Labor & Employment Law

California Employees May Soon Be Entitled to Paid Sick Leave

California Governor Jerry Brown has until September 30th to sign or veto A.B. 1522, a recently passed bill that would require businesses employing at least one person in California to provide employees with paid sick leave and…more
| Labor & Employment Law

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
| Civil Procedure, Labor & Employment Law

Employers Should Now Run—Not Walk—Toward Adopting Arbitration Agreements in California

Yesterday, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transp. Los Angeles, LLC, upholding class action waivers in employment arbitration agreements. This means that the U.S. Supreme Court’s…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law, Transportation

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
| Civil Procedure, Constitutional Law, Labor & Employment Law

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
| Labor & Employment Law

March 2014 California Employment Law Notes

Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to other humiliating and harassing conduct,…more
| Civil Procedure, Civil Remedies, Civil Rights, Labor & Employment Law

Ninth Circuit Clarifies CAFA Removal Requirements

In its recent per curiam opinion in Rea v. Michaels Stores, Inc., the U.S. Court of Appeals for the Ninth Circuit clarified rules and procedures relevant to defendants seeking to remove cases to federal court. In Rea, the…more
| Civil Procedure, Labor & Employment Law

Another Fortune 500 Employer is Leaving California…

Charles Schwab announced last week that it is planning to move “a significant number of San Francisco-based jobs” out of state over the next three to five years. According to a recent article in Forbes, “Observers close to the…more
| Labor & Employment Law

NLRB Takes D.R. Horton One Step Further While the Ninth Circuit Upholds Its Contrary Decision

On January 17, 2014, the National Labor Relations Board Judge Lisa D. Thompson concluded that an agreement that did not prohibit class or collective action still violated Section 8(a)(1) of the National Labor Relations Act…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Court of Appeal Holds that State Courts Have Concurrent Jurisdiction over FCA Retaliation Claims

On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll v…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Health

Proskauer Wins Summary Judgment On Behalf Of Paramount Pictures

On December 16, we obtained summary judgment on behalf of our client, Paramount Pictures Corporation, in a case brought by a former paralegal in the studio’s Business Affairs Administration department. The plaintiff claimed…more
| Civil Rights, Labor & Employment Law
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