On April 21, 2025, a California Court of Appeal affirmed the validity of prospective, written meal period waivers, so long as they are revocable and not coerced.
The case, La Kimba Bradsbery et al. v. Vicar Operating,...more
In a decision with important implications for many pending Private Attorneys General Act (PAGA) lawsuits, a California Court of Appeal upheld the dismissal of a representative PAGA action as untimely because the plaintiff did...more
Two recent Private Attorney General Act (PAGA) cases underscore the importance of effectively using procedural motions in defending such cases. 1. Rodriguez v. Packers Sanitation Services LTD., LLC...more
Yesterday, the California Court of Appeal in Leeper v. Shipt, Inc., held that because every PAGA action necessarily includes an “individual PAGA claim” a PAGA plaintiff cannot avoid arbitration by asserting purely...more
On June 17, labor and business groups reached an agreement with California Governor Newsom to reform California’s Private Attorneys General Act (PAGA). A summary of the deal was announced the following day. The proposed...more
6/25/2024
/ Arbitration ,
Arbitration Agreements ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
State Labor Laws
Yesterday, California Governor Gavin Newsom announced that labor and business groups concluded their ongoing negotiations and reached an agreement to reform California’s Private Attorneys General Act (PAGA). The agreement is...more
6/19/2024
/ California ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Labor Reform ,
Private Attorneys General Act (PAGA) ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
On January 18, 2024, the California Supreme Court issued its opinion in Estrada v. Royalty Carpet Mills, Inc., concluding that trial courts do not have inherent authority to strike a PAGA claim on the grounds that it is...more
Join us on September 26 for a comprehensive webinar hosted by CDF as we delve into the crucial subject of arbitrating PAGA claims, exploring its implications following the California Supreme Court's landmark decision in...more
9/15/2023
/ Arbitration ,
Arbitration Agreements ,
Best Practices ,
CA Supreme Court ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Continuing Legal Education ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Uber ,
Webinars
As anticipated, earlier this week, the California Supreme Court broke from the U.S. Supreme Court’s Viking River Cruises v. Moriana decision, and further tipped the scales in favor of PAGA plaintiffs in California by holding...more
Wednesday, the United States Supreme Court issued a highly anticipated decision in Viking River Cruises v. Moriana. The decision addresses the apparent conflict between the Federal Arbitration Act (FAA) and California’s...more
6/17/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
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
This week, the Ninth Circuit Court of Appeals held that an employer’s per diem expense reimbursement payments functioned as compensation for work rather than business expense reimbursements. As a result, the employer was...more