The California Court of Appeal held that after the employer-defendant successfully moved to compel arbitration of the plaintiffs’ employment-related claims, the employer-defendant did not waive its right to arbitration by...more
2/25/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Dispute Resolution ,
Employees ,
Employment Contract ,
Employment Litigation ,
Labor Law Violations ,
Motion to Compel ,
Wage and Hour
The California Supreme Court concluded that the “good faith” defense applies to claims seeking to impose penalties under California Labor Code section 226. An employee must show that an employer’s failure to comply with...more
5/8/2024
/ CA Supreme Court ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Good Faith ,
Labor Code ,
Putative Class Actions ,
Rest and Meal Break ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour ,
Wage Orders
On March 25, 2024, the California Supreme Court unanimously answered three questions regarding the meaning of "hours worked” that had been certified to it by the Ninth Circuit Court of Appeal. This ruling illuminates what...more
Seyfarth Synopsis: On January 18, 2024, in Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court addressed the split in appellate authority as to whether trial courts have inherent authority to strike a PAGA...more
Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more
12/19/2023
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Corporate Counsel ,
Disability Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Failure to Accommodate ,
Hiring & Firing ,
Interactive Process ,
Rehabilitation Act ,
Workplace Hazards ,
Wrongful Termination
Seyfarth Synopsis: In a case of first impression, the California Supreme Court decided FEHA claims can be litigated directly against certain agents of an employer. Raines v. U.S. Healthworks Medical Group....more
Seyfarth Synopsis: A Ninth Circuit opinion has held that music with sexually derogatory and violent content might give rise to a claim for discrimination based on sex even if the music offends both men and women. Sharp, et al...more
On January 20, 2023, San Francisco became the first jurisdiction in the nation to require private employers to provide differential pay to employees who are called to active military. Addressing disparities between public and...more
2/6/2023
/ California ,
Employees ,
Labor Reform ,
Local Ordinance ,
Military Leave ,
Military Service Members ,
OLSE ,
Paid Leave ,
Paid Time Off (PTO) ,
San Francisco ,
USERRA ,
Wage and Hour