Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence...more
Navigating the Private Attorneys General Act (PAGA) landscape can be overwhelming for California employers. To help employers stay updated on the ever-evolving statute, this article highlights key takeaways from our recent...more
Several developments have surfaced in the past few months regarding PAGA standing in the wake of the U.S. Supreme Court’s Viking River Cruises decision. Payne & Fears is hosting an interactive, in-person event that aims to...more
Helix Energy Solutions Group Inc. v. Hewitt, 143 Superior Court 677 (2023) -
Summary -
Employee was eligible for overtime pay under the Fair Labor Standards Act (“FLSA”) because his “daily-rate” plan did not satisfy...more
Naranjo v. Spectrum Security Services. Inc., No. S258966, 2022 WL 1613499 (Cal. May 23, 2022)
Summary: Unpaid meal- and rest-break premiums may serve as the basis for waiting-time penalties and inaccurate wage statement...more
Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) -
Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...more
8/11/2020
/ Appeals ,
Arbitration Agreements ,
Article III ,
CA Supreme Court ,
CAFA ,
Class Action Arbitration Waivers ,
Contract Terms ,
Discovery ,
Employment Discrimination ,
Federal Arbitration Act ,
First Amendment ,
FRCP 23 ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Private Attorneys General Act (PAGA) ,
Religious Workers ,
Right to a Jury ,
SCOTUS ,
Standing ,
State Arbitration Acts ,
Waiver of Rights
In a major victory for ride-share company Uber Technologies, Inc. ("Uber"), the United States Court of Appeals for the Ninth Circuit issued its much anticipated opinion in O'Connor v. Uber Technologies, Inc., Case No....more
10/5/2018
/ Appeals ,
Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Employment Contract ,
Federal Arbitration Act ,
Motion to Compel ,
NLRA ,
Opt-Outs ,
Reversal ,
Uber ,
Unconscionable Contracts