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California Supreme Court Recognizes Good Faith Defense to Wage Statement Violations

On May 7, 2024, the California Supreme Court resolved a lower court split over the meaning of a “knowing and intentional failure to comply” under California Labor Code Section 226, which dictates requirements for providing...more

California Supreme Court rejects manageability as a basis to strike PAGA claims

Takeaway: On January 18, 2024, the California Supreme Court resolved a conflict between California’s Private Attorneys General Act (PAGA) and the “manageability” concept used by courts to evaluate whether class certification...more

California High Court Rejects Manageability as a PAGA Consideration

On January 18, 2024, the California Supreme Court issued a long-awaited decision looking to resolve a conflict between California’s Private Attorneys General Act (PAGA) and a concept called “manageability” which refers to the...more

New Form I-9 and Alternative Procedure Available for Remote Verification

Under the Immigration Reform and Control Act of 1986, all employers are required to verify the identity and employment eligibility of all employees hired after November 6, 1986. To do this, employers must complete Employment...more

California High Court Rules on Non-Individual PAGA Standing

On July 17, 2023, the California Supreme Court issued its long-anticipated decision in Adolph v. Uber Technologies, Inc. and held that an employee who has been compelled to arbitrate “individual” claims under the California...more

Ninth Circuit Holds that AB 51 is Preempted

On February 15, 2023, the U.S. Court of Appeals for the Ninth Circuit ruled in Chamber of Commerce v. Bonta that California’s Assembly Bill 51 (“AB 51”) is preempted by the Federal Arbitration Act. After two failed attempts...more

Senate Passes Groundbreaking Harassment Arbitration Law

On February 10, 2022, the Senate passed H.R. 4445, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The bill now awaits President Biden’s signature and the President is expected to sign the...more

Despite Fifth Circuit Stay, Large Employers May Still Have Legal Requirements to Satisfy By December 6 Pursuant to Emergency...

Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.  On November 4, 2021, the U.S. Department of Labor issued emergency temporary...more

The Impact to Employers Resulting from the DOL’s Withdrawal of the Independent Contractor Rule

On January 7, 2021, when Trump was still in office, the Department of Labor (“DOL”) published a new, employer-friendly rule for determining independent contractor status under the Fair Labor Standards Act (“FLSA”). The...more

DOL Withdraws Independent Contractor Rule

On January 7, 2021, the Department of Labor (“DOL”) published a new rule for determining independent contractor status under the Fair Labor Standards Act (“FLSA”). The “Independent Contractor Rule” had an initial effective...more

BREAKING: Department of Labor Ends Pursuit of Pre-Litigation Liquidated Damages

In a Field Assistance Bulletin released on Wednesday, June 24, 2020, the U.S. Department of Labor Wage and Hour Division announced that it would no longer pursue pre-litigation liquidated damages in enforcement actions...more

Discrimination Against Gay and Transgender Employees Unlawful Under Title VII

In a landmark decision authored by Justice Neil Gorsuch and released today, June 15, 2020, the Supreme Court of the United States held that “an employer who fires an individual merely for being gay or transgender violates...more

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