Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence...more
Summary: An employer waives its right to arbitration if it fails to pay its share of the arbitration filing fee within 30 days of the payment’s due date....more
Summary -
Emergency Rule 9, which tolled statutes of limitations for six months due to the COVID-19 pandemic, is valid and operates to extend the time to file a civil suit for a PAGA claim as well as the time period to...more
9/22/2023
/ Appeals ,
CA Supreme Court ,
California ,
FEHA ,
Labor & Workforce Development Agency (LWDA) ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Remand ,
State Labor Laws ,
Statute of Limitations
Summary -
Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more
12/8/2022
/ Appeals ,
Arbitration ,
Arbitrators ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
FMCSA ,
Hiring & Firing ,
Issue Preclusion ,
Judgment on the Pleadings ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Retroactivity ,
Split of Authority ,
Standing ,
State Labor Laws ,
Timekeeping ,
Wage and Hour
The last few years have brought an increasing number of class action lawsuits filed against employers alleging non-compliance with the Fair Credit Reporting Act ("FCRA"). As part of an evolving trend of narrowly interpreting...more
This month’s key California employment law cases are from the California Supreme Court and from the California Court of Appeal.
Janus v. American Fed’n of State, County, and Mun. Employees, Council 31, 138 S. Ct. 2448...more
7/23/2018
/ Addendums ,
Appeals ,
Class Action ,
Collective Bargaining ,
Compromise & Release ,
Disability Discrimination ,
Dismissals ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Share Contribution ,
Fair Share Law ,
First Amendment ,
Harassment ,
Hospitals ,
Janus v AFSCME ,
Motion for Summary Judgment ,
Non-Union ,
Public Employees ,
Release of Claims ,
Reversal ,
SCOTUS ,
Subsequent Litigation ,
Timekeeping ,
Union Dues ,
Wage and Hour ,
Workers' Compensation Claim
This month’s key California employment law cases involve civil procedure (class and representative actions) and wage and hour (retaliation) issues....more
7/11/2017
/ Appeals ,
Article III ,
Attorney Misconduct ,
Class Action ,
Class Certification ,
Dismissal With Prejudice ,
Form I-9 ,
FRCP 23 ,
FRCP 23(f) ,
Interlocutory Appeals ,
Judicial Discretion ,
Labor Law Violations ,
Microsoft v Baker ,
Non-Appealable Decisions ,
Retaliation ,
Reversal ,
SCOTUS ,
Unfair Immigration-Related Practices ,
Voluntary Dismissals ,
Wage and Hour