Over the years, California’s Private Attorneys General Act of 2004 (PAGA) has provided a procedurally convenient means for employees to seek expansive penalties for employers’ alleged violations of California’s very technical...more
7/12/2024
/ 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
For some time now, California law has generally prohibited employers from entering into post-employment noncompete agreements with employees unless an exception applies. The basis for this prohibition is found in Section...more
California’s Private Attorneys General Act (PAGA) authorizes current and former employees to bring a representative action for civil penalties on behalf of the state against an employer for Labor Code violations committed...more
7/21/2023
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Viking River Cruises Inc v Moriana
This blog series addresses common employment-related issues for cannabis industry professionals. This first post addresses timekeeping considerations for manufacturers and retailers of cannabis products to ensure compliance...more
1/4/2023
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Compliance ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Manufacturers ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Timekeeping ,
Wage and Hour
The U.S. Court of Appeals for the Ninth Circuit held on October 24, 2022, in Cariene Cadena et al. v. Customer Connexx, LLC et al., No. 21-16522, that the time a group of call center workers spent booting up their computers...more
California’s Private Attorneys General Act (PAGA) is a statute that authorizes employees to bring an action for civil penalties on behalf of the state against an employer for Labor Code violations committed against the...more
6/17/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employees ,
Employment Litigation ,
Federal Arbitration Act ,
Iskanian ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State and Local Government ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
A unanimous three-judge panel reached a decision in the case of Bijon Hill v. Walmart. Last week, the U.S. Court of Appeals for the Ninth Circuit affirmed that Walmart classified a freelance model, Bijon Hill, as an...more
5/9/2022
/ Appeals ,
California ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Good Faith ,
Independent Contractors ,
Labor Code ,
Misclassification ,
Summary Judgment ,
Wage and Hour
President Biden signed H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act), into law on March 3, 2022. Effective immediately, the Act amends the Federal Arbitration Act (FAA) to...more
3/9/2022
/ Amended Legislation ,
Arbitration Agreements ,
Biden Administration ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment
California law generally requires that employers provide nonexempt employees an uninterrupted nonworking 30-minute meal period to begin before the end of the fifth hour of work. These requirements apply even if the employee...more
3/23/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Non-Exempt Employees ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Rounding ,
Summary Judgment ,
Timekeeping ,
Wage and Hour
On January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc. The decision holds that the ABC test used to determine independent contractor versus employee status for purposes of...more
1/21/2021
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Former Employee ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour
The California Supreme Court recently issued a decision holding that the time spent on an employer’s premises waiting for and undergoing required exit searches is compensable time that must be paid to employees. The decision...more