As we reported here, a split in authority has developed in the California Court of Appeal regarding what to do when an employer moves to compel arbitration of a Private Attorneys General Act (PAGA) that is “headless”—that is,...more
On the 100th anniversary of the Federal Arbitration Act, it is worth recalling that the law was enacted in 1925 in response to what the U.S. Supreme Court later called, in its 2011 opinion in AT&T Mobility v. Concepcion,...more
3/27/2025
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Class Action ,
Confidentiality Policies ,
Consumer Protection Laws ,
Dispute Resolution ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
SCOTUS ,
Sexual Harassment
On February 26, 2025, in Parra Rodriguez v. Packers Sanitation, Inc., the California Court of Appeal (Fourth Appellate District) issued the latest published decision addressing the practice of filing so-called “headless”...more
The California Court of Appeal dealt another blow to arbitration, just months after we reported the last such decision here.
This time, the Court ruled that the federal Ending Forced Arbitration of Sexual Assault and...more
2/7/2025
/ Appeals ,
Arbitration Agreements ,
California ,
Civil Rights Act ,
Dispute Resolution ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Federal Arbitration Act ,
Retaliation ,
Sexual Harassment ,
Title VII
We invite you to review our newly-posted January 2025 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more
In yet another attempt to avoid arbitration agreements, plaintiffs’ lawyers in the wake of the blockbuster court decisions in Viking River Cruises, Inc. v. Moriana and Adolph v. Uber Technologies, Inc. began filing so-called...more
1/8/2025
/ Appeals ,
Arbitration Agreements ,
California ,
Civil Monetary Penalty ,
Class Action ,
Employee Rights ,
Employment Contract ,
Employment Litigation ,
Independent Contractors ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises Inc v Moriana
Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute -
Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) -
Erika Paleny alleged harassment, discrimination and...more
8/1/2024
/ ADEA ,
Age Discrimination ,
Appeals ,
Arbitration Agreements ,
Background Checks ,
Chevron Deference ,
Chevron v NRDC ,
Coronavirus/COVID-19 ,
Family and Medical Leave Act (FMLA) ,
Federal Arbitration Act ,
FEHA ,
Fraud ,
Loper Bright Enterprises v Raimondo ,
Lyft ,
Private Attorneys General Act (PAGA) ,
Retaliation ,
SCOTUS ,
Settlement ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
Whistleblowers
Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) -
The Ninth Circuit vacated a district court’s dismissal of a former employee’s “non-individual” Private Attorneys General Act (PAGA) claims in the wake of...more
Dominguez v. Better Mortgage Corp., 88 F.4th 782 (9th Cir. 2023) -
Underwriter Lorenzo Dominguez filed this putative class and collective action against his former employer, alleging that the company failed to pay proper...more
Kader v. Southern Cal. Med. Ctr., Inc., 99 Cal. App. 5th 214 (2024) -
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (9 U.S.C. §§ 401, et seq.) became effective on March 3, 2022. A “statutory...more
A Single Incident Of Harassing Conduct May Create A Hostile Work Environment -
Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) -
Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more
1/26/2024
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Certification ,
Collective Actions ,
Employee Benefits ,
Enforcement ,
Fair Labor Standards Act (FLSA) ,
Labor Code ,
Over-Time ,
Poison Pill ,
Pre-Employment Agreements ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Release Agreements ,
Rest and Meal Break ,
Sexual Harassment ,
Wage and Hour ,
Whistleblowers
When Congress passed and President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) last year, we predicted it was just the beginning of an all-out federal assault on...more
8/23/2023
/ ADEA ,
Arbitration ,
Arbitration Agreements ,
California ,
Cause of Action Accrual ,
Federal Arbitration Act ,
Labor Code ,
Mandatory Arbitration Clauses ,
Race Discrimination ,
Retaliation ,
Sexual Assault ,
Sexual Harassment
Back in the “good old days,” arbitration agreements barred just about any type of civil litigation that was filed in court. Then, as we reported in 2014, the California Supreme Court determined that Private Attorneys General...more
In recent years, employees (and their lawyers) have taken a variety of approaches to challenging the enforceability of workplace arbitration agreements. One common tactic has been to claim that they “don’t remember signing...more
A California court has ruled that an arbitrator (not a judge) should decide on the applicability of California Labor Code Section 925 to a dispute between a law firm partner and his former law firm. Zhang v. Superior Court,...more
Espinoza v. Superior Court, 83 Cal. App. 5th 761 (2022) -
Rosa M. Quincoza Espinoza sued her former employer, Centinela Skilled Nursing & Wellness Centre West, LLC, for discrimination and retaliation. The employer filed a...more
As we previously reported here, in Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021), a three member panel of the Ninth Circuit Court of Appeals resurrected California Labor Code Section 432.6, which...more
On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme...more
6/24/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Federal Arbitration Act ,
Federal v State Law Application ,
Iskanian v CLS Transportation ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
It’s only been two weeks since President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Ending Forced Arbitration Act”) into law, and there is already a new major...more
Yesterday, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote. The bill had previously passed the House of Representatives by a vote of 335-97....more
2/11/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Pending Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment
On February 7, 2022, in a 335-97 vote, the U.S. House of Representatives passed a bipartisan bill (“Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”), which would prohibit “mandatory arbitration”...more
2/10/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Collective Actions ,
Employer Liability Issues ,
Employment Contract ,
Labor Reform ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment
Ninth Circuit Resurrects California’s Anti-Arbitration Statute -
Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021) -
The Ninth Circuit Court of Appeals reversed in part a 2020 preliminary...more
11/15/2021
/ Age Discrimination ,
Arbitration ,
Arbitration Agreements ,
Attorney's Fees ,
Class Action Arbitration Waivers ,
Contingency Fees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Independent Contractors ,
Labor Regulations ,
Lost Wages ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
UTSA ,
Wage and Hour
On Monday afternoon, a San Francisco federal court jury awarded $137 million to a Black former elevator operator who worked at Tesla’s Fremont facility for approximately one year before quitting his employment in 2016. ...more
On Wednesday, in a surprising turn, the U.S. Court of Appeals for the Ninth Circuit reversed in part a 2020 preliminary injunction issued by a district court and resurrected California Labor Code Section 432.6, the Golden...more
9/17/2021
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Disputes ,
Labor Regulations ,
Preliminary Injunctions ,
State Labor Laws
From pay equity to an increased minimum wage, pro-worker and pro-union labor policies, and additional anti-discrimination protections, President-elect Biden has touted support for numerous legislative and regulatory proposals...more
1/11/2021
/ ADEA ,
Anti-Discrimination Policies ,
Arbitration Agreements ,
Biden Administration ,
But For Causation ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Legislative Agendas ,
Minimum Wage ,
NLRB ,
Pay Equity Laws ,
Title VII ,
Wage and Hour