News & Analysis as of

Reversal Private Attorneys General Act (PAGA)

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Reverses $100+ Million Wage Statement Ruling Against Walmart

On May 28, 2021, the Ninth Circuit Court of Appeals issued a significant ruling in Magadia v. Wal-Mart Associates, Inc., on both California’s wage statement laws and standing to pursue claims under the Private Attorneys...more

Payne & Fears

Key California Employment Law Cases: August 2020

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Robinson v. Southern Counties Oil Co, 53 Cal. App. 5th 476 (2020) - Summary: Res judicata bars a PAGA claim when the employer has already settled a separate PAGA claim covering the same claims and time period. An...more

Payne & Fears

Key California Employment Law Cases: March 2020

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Scalia v. Employer Solutions Staffing Group, LLC, 951 F.3d 1097 (9th Cir. 2020)  - Summary: Neither the Fair Labor Standards Act nor federal common law provide an employer with a right to seek contribution or...more

Dorsey & Whitney LLP

In Remarkable Reversal, California Supreme Court Takes a Broad View of Standing Under PAGA

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In Kim v. Reins, the Supreme Court was faced with the following question: Do employees lose standing to pursue a PAGA claim if they settle and dismiss their individual claims for Labor Code violations? To the surprise of many...more

Benesch

California Supreme Court Decides That Individual Settlements Do Not Bar Pursuing Related PAGA Claims

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On March 12, 2020, the California Supreme Court in Kim v. Reins International California Inc. determined that an individual employee who released his individual claims nonetheless retained standing to pursue his claims under...more

Payne & Fears

Key California Employment Law Cases: December 2019

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This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more

Payne & Fears

Key California Employment Law Cases: September 2019

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ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

Payne & Fears

Key California Employment Law Cases: December 2018

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This month’s key employment law cases address meal periods and payment of wages....more

Payne & Fears

Key California Employment Law Cases: October 2018

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This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage and hour violations....more

Lewitt Hackman

FRANCHISEE 101: Class Not in Session

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In May, the U.S. Supreme Court held that mandatory arbitration agreements containing class action or collective action waivers must be enforced as written....more

Spilman Thomas & Battle, PLLC

The Case for Class - Class Action Waivers in Arbitration Agreements

Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action...more

BCLP

Supreme Court Upholds Class Action Waivers

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On May 21, the United States Supreme Court held that mandatory arbitration agreements containing class action waivers are to be enforced as written. In Epic Systems Corp. v. Lewis, a trio of consolidated appeals, the Court...more

Latham & Watkins LLP

A Win for Employers: US Supreme Court Rules Class Waivers Are Lawful

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The Supreme Court clarified that employers who maintain or adopt arbitration agreements with class waivers may avoid class action wage and hour lawsuits, clearing the way for employers to reduce potential exposure. The US...more

Best Best & Krieger LLP

Private Attorney General Statute to Award Fees Used in a Reverse-PRA Dispute - Part III: Pasadena Police Officers Association v....

Reversing a lower court, a California appellate court found that a newspaper could recover attorneys’ fees under the Private Attorney General Statute in a Public Records Act suit. The Second District Court of Appeal decision...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Foley & Lardner LLP

California Supreme Court Confirms that PAGA Plaintiffs Are Entitled to Broad Discovery of Other Employees’ Contact Information

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California’s Private Attorneys General Act (PAGA) allows aggrieved employees to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. On July 13, 2017, the...more

Payne & Fears

Key California Employment Law Cases: July 2017

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This month’s key California employment law cases involve wage and hour (payment of wages) and civil procedure (class and representative actions). Wage and Hour - Payment of Wages: Minnick v. Auto. Creations, Inc., 2017 WL...more

Payne & Fears

Key California Employment Law Cases: March 2017

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This month’s key California employment law cases involve arbitration and PAGA issues. Arbitration - Farrar v. Direct Commerce, Inc., 9 Cal. App. 5th 1257, 215 Cal. Rptr. 3d 785 (2017) - Summary: Arbitration...more

Proskauer - California Employment Law

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Fisher Phillips

Federal Appeals Court Hands Uber Major Victory In Arbitration Agreement Fight

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The 9th Circuit Court of Appeals delivered a significant victory to Uber and other gig economy businesses by reversing a trial court’s denials of Uber’s motions to compel arbitration in companion class action lawsuits brought...more

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