Navigating the Private Attorneys General Act (PAGA) landscape can be overwhelming for California employers. To help employers stay updated on the ever-evolving statute, this article highlights key takeaways from our recent...more
Several developments have surfaced in the past few months regarding PAGA standing in the wake of the U.S. Supreme Court’s Viking River Cruises decision. Payne & Fears is hosting an interactive, in-person event that aims to...more
The National Labor Relations Board (NLRB) closed out a busy 2022 with four labor-friendly decisions that will reshape the employment landscape in 2023.
NLRB Adds Consequential Damages Remedy -
In its most...more
Join us for our third annual all-day complimentary seminar on the most pressing employment law topics, transmitted to you in your home, office, or virtually anywhere with an internet connection. Attendees can enjoy one or all...more
9/22/2022
/ Affirmative Action ,
Arbitration ,
Arbitration Agreements ,
Best Practices ,
Continuing Legal Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises Inc v Moriana ,
Webinars
2021 brought several changes to the workplace, but employers should have less to fear following this Payne & Fears conference. Join us for a full day of seminars on the most pressing employment law topics, transmitted to you...more
9/24/2021
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Business Expenses ,
Coronavirus/COVID-19 ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Dress Codes ,
Employee Evaluations ,
Employee Monitoring ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Gender Identity ,
Mental Health ,
OSHA ,
Over-Time ,
Political Speech ,
Productivity ,
Rate of Pay ,
Reasonable Accommodation ,
Remote Working ,
Social Media Policy ,
Timekeeping ,
Wage and Hour ,
Wage Statements ,
Webinars
On November 19, 2020, the California Occupational Safety and Health Standards Board (the “Board”) of the Division of Occupational Safety and Health (Cal/OSHA) adopted temporary COVID-19 regulations (“Regulations”) intended to...more
This year has been fraught with disruption. To make things easier, Payne & Fears is offering one full day of seminars on pressing employment law topics. Attendees can join from the comfort of their homes or offices. Attend...more
9/24/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Defense Strategies ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Layoffs ,
Misclassification ,
Political Expression ,
Political Speech ,
Remote Working ,
Risk Mitigation ,
Social Media Policy ,
State Labor Laws ,
Tax Liability ,
Wage and Hour ,
Webinars
On September 17, 2020 Governor Gavin Newsom signed three bills (SB 1159, AB 685, and SB 1383) expanding workers’ protections in relation to COVID-19 exposure in the workplace, and expanding the California Family Rights Act....more
9/23/2020
/ Cal-OSHA ,
California ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
New Legislation ,
Notice Requirements ,
Paid Family Leave Law ,
Paid Leave ,
Rebuttable Presumptions ,
Reporting Requirements ,
Sick Employees ,
Workers' Compensation Claim
The National Labor Relations Board (“NLRB” or “Board”) has recently issued a half-dozen decisions addressing the lawfulness of employee arbitration agreements. Employers should not ignore this body of law, which applies to...more
8/12/2020
/ Arbitration Agreements ,
Contract Drafting ,
Corporate Counsel ,
Employee Handbooks ,
Employee Rights ,
Employment Contract ,
NLRA ,
NLRB ,
Non-Union ,
Reversible Error ,
Risk Assessment ,
Risk Mitigation ,
Savings Clause ,
Unfair Labor Practices ,
Union Membership ,
Waiver of Rights
Monday, June 15th, the United States Supreme Court held that the Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity. Bostock v. Clayton County, 590 U.S....more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On February 6, 2020, in a 2-1 decision, the California Court of Appeal (Fourth District, Division Two) held that an employee's settlement agreement with a staffing agency on a wage-and-hour claim does not necessarily preclude...more
2/11/2020
/ Appeals ,
Class Action ,
Contract Drafting ,
Employer Liability Issues ,
Hospitals ,
Joint Employers ,
Nurses ,
Privity of Contract ,
Reaffirmation ,
Release Agreements ,
Res Judicata ,
Rest and Meal Break ,
Settlement Agreements ,
Split of Authority ,
Staffing Agencies ,
Subsequent Litigation ,
Unpaid Overtime ,
Wage and Hour
On January 31, 2020, Judge Kimberly Mueller issued a preliminary injunction "in full" preventing the State of California from enforcing AB 51, the state's new law effectively banning mandatory employee arbitration...more
2/5/2020
/ Arbitration Agreements ,
DFEH ,
Employment Contract ,
Federal Arbitration Act ,
Federal Labor Laws ,
Mandatory Arbitration Clauses ,
Preemption ,
Preliminary Injunctions ,
State Bans ,
State Labor Laws ,
TRO
Yesterday, a federal judge from the Eastern District of California granted a temporary restraining order preventing California from enforcing Assembly Bill (AB) 51. ...more
12/31/2019
/ Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Injunctive Relief ,
Preemption ,
Preliminary Injunctions ,
State Labor Laws ,
Supremacy Clause ,
TRO ,
Unconstitutional Condition ,
Waiver of Rights
On August 29, 2019, the California Supreme Court held in OTO, L.L.C. v. Kho, S244630, that a mandatory arbitration agreement may be unenforceable against employee wage claims if it requires the employee to forego the “Berman”...more
9/10/2019
/ Arbitration Agreements ,
Berman Hearings ,
CA Supreme Court ,
Cal Code of Civil Procedure ,
Contract Terms ,
Employer Liability Issues ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Reversal ,
Unconscionable Contracts ,
Unpaid Wages ,
Wage and Hour
While the California Labor Code specifies that an off-duty meal period must consist of at least 30 minutes of uninterrupted time during which the employee is relieved of all duties, the duration requirement for an on-duty...more
The California Court of Appeal has affirmed a complete victory by Safeway Inc. over a certified class of wage-and-hour plaintiffs. Esparza v. Safeway Inc., et al., B287927 (Los Angeles County Super. Ct. No. BC369766, June 10,...more
6/25/2019
/ Amended Complaints ,
Appeals ,
Brinker ,
Burden of Proof ,
Calculation of Damages ,
Class Action ,
Class Certification ,
Damages ,
Meal Penalties ,
Motion for Summary Judgment ,
Notice Requirements ,
Private Attorneys General Act (PAGA) ,
Relation Back Doctrine ,
Rest and Meal Break ,
Restitution ,
Safeway Inc ,
Statute of Limitations ,
Summary Judgment ,
Unfair Competition Law (UCL) ,
Wage and Hour
On April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act ("FAA") bars orders requiring class arbitration when an agreement is ambiguous about the availability of such a procedure. Lamps Plus v....more
4/25/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
On May 21, 2018, the United States Supreme Court held, in a 5-4 decision, that arbitration agreements which mandate individualized resolution of claims (as opposed to class or collective resolution) are enforceable under the...more
5/22/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Savings Clause ,
SCOTUS