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
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
The California Labor Workforce Development Agency (LWDA) recently refreshed its Frequently Asked Questions (FAQs) regarding Private Attorneys General Act (PAGA) claims processing in light of the recent legislative reforms....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
As the economy continues to struggle amidst the ravages of 40-year-high inflation, employers are finding it increasingly difficult to maintain their current staffing levels.
While the tech industry has been the epicenter...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
California Relaxes Standard For Proving Whistleblower Claims -
Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) -
Plaintiff Wallen Lawson, who was discharged by his employer PPG Architectural Finishes...more
3/18/2022
/ ADEA ,
California ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Gender Discrimination ,
Race Discrimination ,
State Labor Laws ,
Wage and Hour ,
Whistleblowers
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
While the California Supreme Court has repeatedly upheld arbitration agreements with class action waivers (as they must under the Federal Arbitration Act), in a now infamous (and controversial) decision from 2014, the court...more
12/21/2021
/ Arbitration ,
Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Private Attorneys General Act (PAGA) ,
SCOTUS
Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim -
Christian v. Umpqua Bank, 2020 WL 7777882 (9th Cir. 2020) -
Jennifer Christian, a former employee of Umpqua Bank, alleged she was...more
2/1/2021
/ ADEA ,
Age Discrimination ,
CAFA ,
Civil Rights Act ,
Class Action ,
Employer Liability Issues ,
Failure to Accommodate ,
Family and Medical Leave Act (FMLA) ,
Gender Discrimination ,
Hostile Environment ,
Jury Verdicts ,
Private Attorneys General Act (PAGA) ,
Statute of Limitations ,
Title VII ,
Wage and Hour
Davidson v. O’Reilly Auto Enter., LLC, 968 F.3d 955 (9th Cir. 2020) -
Kia Davidson worked as a delivery specialist at one of O’Reilly’s stores in San Bernardino. In this putative class action, Davidson alleged that she...more
Salter v. Quality Carriers, Inc., 2020 WL 5361459 (9th Cir. 2020) -
Clayton Salter, a truck driver, filed this putative class action against his employer, Quality Carriers and Quality Distribution, alleging that he and...more
Brady v. AutoZone Stores, 960 F.3d 1172 (9th Cir. 2020) -
Michael Brady sued AutoZone Stores for alleged violations of Washington State’s meal break laws. After several years of litigation, the district court denied...more
Barriga v. 99 Cents Only Stores LLC, 2020 WL 3481717 (Cal. Ct. App. 2020) -
Sofia Wilton Barriga filed this lawsuit against her employer, 99 Cents Only, alleging that the “zero-tolerance” policy requiring its stores to...more
8/12/2020
/ Class Action ,
Class Certification ,
Employment Policies ,
Motion to Compel ,
Motion To Strike ,
Non-Exempt Employees ,
Off-The-Clock ,
Statutory Authority ,
Trial Court Orders ,
Wage and Hour ,
Zero Tolerance Policies
Kec v. Superior Court, 2020 WL 3869721 (Cal. Ct. App. 2020) -
Nichole Kec brought individual, class and Private Attorneys General Act (PAGA) claims against her employer, R.J. Reynolds Tobacco Co., et al. Kec had signed a...more
Adams v. West Marine Prods., Inc., 958 F.3d 1216 (9th Cir. 2020) -
Adrianne Adams filed a putative wage and hour class action in state court, which her former employer (West Marine) removed to federal court under the...more
For years, federal courts in California have been inundated with wage and hour class actions. Because these cases often clogged district court dockets for months (and, sometimes, even years) on end, the Central District of...more
7/28/2020
/ Class Action ,
Class Certification ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Court Schedules ,
Discovery ,
Employment Litigation ,
Excusable Neglect ,
Filing Deadlines ,
Furloughs ,
Local Rules ,
Scheduling Orders ,
Wage and Hour
Herrera v. Zumiez, Inc., 953 F.3d 1063 (9th Cir. 2020) -
Alexa Herrera filed this putative class action against her employer, alleging that Zumiez failed to provide reporting-time pay to employees at its California retail...more
Time Spent By Employees In Exit Searches Is Compensable -
Frlekin v. Apple Inc., 2020 WL 727813 (Cal. S. Ct. 2020) -
In this opinion, the California Supreme Court answered a question certified to it by the United...more
3/17/2020
/ CA Supreme Court ,
Class Action ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Joint Employers ,
Non-Compete Agreements ,
Rules of Professional Conduct ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Wage Orders ,
Workers' Compensation Claim
In this class action, truckers for Wal-Mart alleged they should have been but were not paid for layovers, rest breaks and inspections. The district court determined and the Ninth Circuit affirmed that the time drivers spent...more
Cacho v. Eurostar, Inc., 2019 WL 7180349 (Cal. Ct. App. 2019) -
David Cacho and Regina Silva asserted class claims against their former employer (Eurostar), alleging Eurostar violated California wage and hour laws by...more
Yesterday September 12, 2019, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act (“PAGA”). See ZB, N.A. v. Superior Court (Lawson) (Cal....more
9/16/2019
/ Arbitration Agreements ,
CA Supreme Court ,
Civil Monetary Penalty ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
We have reported before about the huge jury verdicts that get handed out in California with alarming regularity and California’s sustained #1 ranking as the “Top Judicial Hellhole” in the nation. A corollary problem continues...more