Yesterday, the United States Supreme Court issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, regarding California’s ban on Private Attorney General Act (PAGA) representative waivers...more
6/16/2022
/ 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
Employers faced another challenging year in 2021, attempting to keep up with constantly changing regulations and laws addressing the continuing COVID-19 pandemic, while still facing traditional legal issues such as...more
1/6/2022
/ Biden Administration ,
Civil Rights Act ,
Class Action Arbitration Waivers ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Independent Contractors ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
Sexual Orientation Discrimination ,
Title VII ,
Workplace Safety
In a major turn of events for California employers, on December 15, 2021, the U.S. Supreme Court granted certiorari in a case that challenges California’s ban on arbitration agreements that limit employees’ right to sue their...more
12/17/2021
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Labor Regulations ,
Petition for Writ of Certiorari ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Wage and Hour
On September 15, 2021, a split Ninth Circuit panel ruled that certain portions of California’s Assembly Bill 51 (2019) were not preempted by the Federal Arbitration Act (FAA), raising questions as to whether many employers’...more
The Supreme Court, in a sharply-divided 5-4 ruling issued on April 24, ruled that nothing in the Federal Arbitration Act allows courts to compel class action arbitration even if the contract is ambiguous in that regard, and...more
On May 21, 2018, in a significant decision for employers nationwide, a divided United States Supreme Court held in a trio of cases that employers may require employees—as a condition of employment—to enter into arbitration...more
NLRB Goes One Step Further, Holds Optional Waiver of Class Action Arbitrations Illegal -
Why it matters -
Reiterating its stance against arbitration agreements that prohibit class or collective actions, a panel of...more
12/14/2015
/ Class Action Arbitration Waivers ,
Disability Discrimination ,
Dodd-Frank ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
IBM ,
NLRB ,
Reasonable Accommodation ,
Rest and Meal Break ,
Securities and Exchange Commission (SEC) ,
Wage and Hour ,
Whistleblowers
Following California, New York Toughens Equal Pay Law -
Why it matters:
Following in the recent footsteps of California, New York Governor Andrew Cuomo signed into law the Achieve Pay Equality Act, providing greater...more
11/13/2015
/ Age Discrimination ,
Class Action Arbitration Waivers ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
GINA ,
Governor Cuomo ,
Mach Mining v EEOC ,
Motion to Compel ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
SCOTUS ,
Social Media ,
Termination ,
Wellness Programs
No Class Action Waivers on PAGA Claims: With Cert Denial, California’s Iskanian Decision Stands -
Why it matters: It’s official: The U.S. Supreme Court has declined to review the California Supreme Court’s decision in...more
2/5/2015
/ ABC Test ,
Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Employee Definition ,
Family and Medical Leave Act (FMLA) ,
Independent Contractors ,
Iskanian v CLS Transportation ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
SCOTUS ,
Sick Leave
EEOC’s Wellness Challenge Feeling Under the Weather -
Why it matters: The Equal Employment Opportunity Commission’s (EEOC) efforts to challenge employer wellness programs hit a snag when a federal court judge in...more
12/1/2014
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
Class Action Arbitration Waivers ,
Conde Nast ,
D.R. Horton v NLRB ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
GINA ,
Honeywell International ,
Iskanian ,
Murphy Oil USA ,
Ralphs ,
Unpaid Interns ,
Wellness Programs
DOL Grants Could Signal More Misclassification Actions -
Why it matters: Employers have faced a tidal wave of litigation over the alleged misclassification of employees as independent contractors, with workers ranging...more
10/30/2014
/ ADEA ,
Adverse Employment Action ,
Age Discrimination ,
Class Action ,
Class Action Arbitration Waivers ,
Delivery Drivers ,
Department of Labor (DOL) ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
FedEx ,
FEHA ,
Medical Examinations ,
Misclassification ,
NFL ,
Strategic Enforcement Plan
Today, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transportation Los Angeles, Inc. The Court upheld the general enforceability of class waivers in mandatory employment arbitration...more
California Employers Face Rise In PAGA Suits -
Why it matters: California employers are facing a proliferation of suits filed under the State’s Private Attorney General Act (PAGA): new data reveals that the number of...more