A California appellate court recently denied a motion to compel arbitration, finding the agreement unconscionable in part because it (1) applied to all claims rather than just those arising from employment, (2) was unlimited...more
On February 7, 2022, a California appellate court issued the latest decision regarding the Private Attorneys General Act (PAGA). Representative PAGA actions, which typically involve a relatively brief statute of limitations,...more
On September 9, 2021, a California Court of Appeal issued its ruling in Wesson v. Staples the Office Superstore, LLC, delivering a welcome victory to employers battling representative actions under the Private Attorneys...more
9/23/2021
/ Appeals ,
Defense Strategies ,
Discovery ,
Due Process ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Penalties ,
Private Attorneys General Act (PAGA) ,
Staples ,
State Labor Laws
In Davidson v. O’Reilly Auto Enterprises, LLC, No. 18-56188 (August 3, 2020), the Ninth Circuit Court of Appeals addressed whether a district court abused its discretion in denying class certification for an employee’s claim...more
On January 29, 2019, the Third Circuit Court of Appeals concluded that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt New Jersey’s ABC test for determining whether a worker is an...more
In Duffey v. Tender Heart Home Care Agency, LLC, the California Court of Appeal for the First District addressed whether an in-home caregiver was an independent contractor or employee. Reversing a trial court order dismissing...more
2/12/2019
/ ABC Test ,
Appeals ,
Caregivers ,
Corporate Counsel ,
Domestic Workers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Home Health Care ,
Home Healthcare Workers ,
Independent Contractors ,
Reversal ,
Staffing Agencies