In August 2000, the California Supreme Court handed down a landmark ruling that changed the face of employment arbitration agreements going forward. That case, known as Armendariz v. Foundation Health Psychcare Services,...more
Arbitration agreements, at their core, are contracts. As with any contract, there must be “mutuality” or, more colloquially, a “meeting of the minds” on what the contract is intended to encompass. For this reason, employment...more
Since its enactment, California courts have universally established the California Code of Civil Procedure section 1281.97 et seq., which governs the timely payment of fees in arbitration, allows no room for error....more
7/31/2024
/ Appeals ,
Arbitration ,
Arbitration Fees ,
Breach of Duty ,
Cal Code of Civil Procedure ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Preemption ,
Safe Harbors ,
State Arbitration Acts ,
Statutory Deadlines ,
Statutory Interpretation
Over the last decade, the use of e-signatures has become the norm for human resources departments when onboarding new employees. The advent of resources like DocuSign, Taleo, BabooHR, and others have made this process simple,...more
If you missed our last reminder, there is less than a week for most California employers to finalize and implement Workplace Violence Prevention Plans (“WVPP”) and have their employees trained on the company-specific policies...more
As we previously reported, the California Legislature amended several statutes regulating employer workplace safety policies, including existing injury and illness prevention plans, to also include a new, separate requirement...more
Despite its best efforts, the California Legislature has been unable to substantially curtail the popularity of employment arbitrations in California. The hostility to employment arbitration remains evident, however, among...more
In 2022, Congress enacted the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (the “Act”) which provides that, at the election of the person alleging conduct constituting a sexual harassment dispute or...more
The California Court of Appeals recently revisited the issue of the draconian deadline for paying arbitration fees established by California Code of Civil Procedure section 1281.97. In Suarez v. Superior Court of San Diego...more
Until recently, California courts were split on whether Private Attorneys General Act (“PAGA”) claims could be dismissed for a lack of “manageability” – referring to the practicality of effectively conducting a trial on the...more
As part of a focused effort by the California Legislature to protect employees from unenforceable non-compete clauses and agreements and increase fair competition among employers in 2024, Assembly Bill 1076 enacted Business...more
Employee claims of retaliation in the workplace have been on an upward trend since the California Legislature amended Labor Code section 1102.5 to include protections for whistleblower complaints made directly to a person...more
Over the past few years, this blog has followed the California Legislature’s concerted efforts to vitiate employment arbitrations in the state. Senate Bill 365 is the next in line....more
The California Legislature has sought in recent years to expand the rights of employees in nearly every facet of business in California. Employer restrictions on an employee’s ability to work in the same industry after...more
Senate Bill 616, which was signed into law by Governor Newsom this month, amends existing law regarding paid sick leave to California employees....more
You may have heard the half-serious joke that California acts as its own independent country. One example of this is California’s strong disfavor of non-compete agreements, which stands in contrast with the rest of the...more
10/5/2023
/ Business & Professions Code ,
Competition ,
Dormant Commerce Clause ,
Economic Development ,
Enforceability ,
Federal Trade Commission (FTC) ,
Interstate Commerce ,
New Legislation ,
Non-Compete Agreements ,
Out-of-State Companies ,
Restrictive Covenants ,
Undue Burden ,
Void and Unenforceable
Following the United States Supreme Court’s landmark ruling in Moriana v. Viking River Cruises, California courts were tasked with the open question of whether an “aggrieved” employee whose individual Private Attorneys...more
8/2/2023
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Class Representatives ,
Employment Litigation ,
Private Attorneys General Act (PAGA) ,
Standing ,
State Labor Laws ,
Uber ,
Viking River Cruises Inc v Moriana
In law school, aspiring attorneys are taught fundamental concepts related to contracts, including “agency”, “third party beneficiary”, and “equitable estoppel”, terms which relate to determining who should be subject to the...more
Until recently, employers had the luxury of interpreting the outside salesperson exemption to minimum wage, overtime and meal and rest period requirements at face value. This is because the definition of an “outside...more
4/4/2023
/ Control Test ,
Costco ,
DLSE ,
Employer Liability Issues ,
Employment Litigation ,
Exemptions ,
Minimum Wage ,
Over-Time ,
Rest and Meal Break ,
Salespersons ,
Unpaid Overtime ,
Wage and Hour
In the 2020 general election, Californians passed Proposition 22, which gave ride-sharing and delivery app companies such as Uber, Lyft, and DoorDash the ability to continue classify their drivers as independent contractors. ...more
3/16/2023
/ CA Supreme Court ,
Constitutional Challenges ,
Delivery Drivers ,
DoorDash ,
Gig Economy ,
Independent Contractors ,
Lyft ,
Ridesharing ,
SEIU ,
State Constitutions ,
State Labor Laws ,
Uber
Over the last few years, employers throughout the United States have enjoyed some measure of protection from former employees who signed severance agreements....more
The saga of challenges to mandatory employment arbitration agreements is almost over. After three years of challenges, the United States Chamber of Commerce successfully appealed the enactment and enforcement of California’s...more
Governor Newsom signed Assembly Bill 2448 into law, which will enact Civil Code section 51.17. The law requires the Civil Rights Department (formerly the Department of Fair Employment and Housing) to establish a pilot program...more
Effective January 1, 2023, Senate Bill 1044 will prohibit employers from taking or threatening adverse action against any employee for refusing to report to, or leaving, a workplace or worksite during an “emergency condition”...more
Since its enactment in 2020, employers have been forced to be mindful of the burdensome imposition of Code of Civil Procedure section 1281.97 et seq., which requires an employer to pay the full amount of arbitration fees...more