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
On September 9, 2021, the California Court of Appeal issued its opinion in Wesson v. Staples, Inc., holding that (1) courts have inherent authority to ensure that Private Attorneys General Act (PAGA) claims can be fairly and...more
9/13/2021
/ Affirmative Defenses ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Judicial Authority ,
Misclassification ,
Non-Exempt Employees ,
Private Attorneys General Act (PAGA) ,
Staples ,
Wage and Hour
Will Single-Use Products and Packaging Be a Thing of the Past in California? -
Walk down virtually any street, sidewalk, path, beach or trail in California and you will invariably find at least some single-use product or...more
6/13/2019
/ Arbitration ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Made in the USA ,
Opt-Outs ,
Popular ,
Retailers ,
SCOTUS ,
Single-Use/No Resale Restriction
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
Joint Employers Can Be Liable for Employee Misclassification in California:
Why it matters -
Liability under the California Labor Code extends to joint employers that are aware of a willful misclassification of an...more
6/29/2015
/ Civil Monetary Penalty ,
Class Action ,
Department of Labor (DOL) ,
Discrimination ,
Earned Sick Time ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Hostile Environment ,
Independent Contractors ,
Joint and Several Liability ,
Joint Employers ,
Minimum Wage ,
Misclassification ,
OSHA ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Leave ,
Transgender ,
Tyson Foods ,
Wage and Hour
Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules -
Why it matters:
In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more
6/15/2015
/ Abercrombie & Fitch ,
Class Action ,
Disability ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Health Care Providers ,
Hiring & Firing ,
Litigation Strategies ,
Mootness ,
On-Call Employees ,
On-Duty Meal Period Waivers ,
Religious Accommodation ,
Religious Discrimination ,
Rest and Meal Break ,
SCOTUS ,
Security Guards ,
Settlement ,
TCPA ,
Text Messages ,
Texting ,
Title VII ,
Wage and Hour
U.S. Supreme Court Permits Narrow Review of EEOC Conciliation Process -
Why it matters:
The U.S. Supreme Court handed a victory—albeit limited—to employers when it determined that courts may consider the...more
5/14/2015
/ Class Action ,
Conciliation ,
Dress Codes ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Harassment ,
Internal Reporting ,
Mach Mining v EEOC ,
NLRB ,
Rest and Meal Break ,
SCOTUS ,
Security Checks ,
Title VII ,
Wage and Hour
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
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
Appellate Court Tosses Employee’s Seating Suit -
Why it matters: An employer won a rare victory in a suitable seating case when a California appellate court affirmed summary judgment in a suit brought by a sample...more
California Supreme Court Strikes Down $15 Million Employee Class Action Win and Orders Decertification in Duran V. U.S. Bank Nat’l Ass’n -
Why it matters: On May 29, 2014, the California Supreme Court unanimously...more
6/3/2014
/ Arbitration Agreements ,
Banks ,
Class Action ,
Class Certification ,
Confidentiality Agreements ,
Corporate Officers ,
Decertify ,
Employee Rights ,
Exempt-Employees ,
Family and Medical Leave Act (FMLA) ,
Restrictive Covenants ,
Technology ,
US Bank National Association
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