Summary: The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies not just to sexual assault and sexual harassment claims, but to all claims asserted in the “case.”...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
After more than three years of litigation, the Ninth Circuit has held that AB 51, California’s attempt to ban mandatory employment arbitration agreements, is unenforceable....more
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
Meda v. AutoZone Inc., No. B311398, 2022 WL 2813819 (Cal. Ct. App. July 19, 2022) -
Summary: Where an employer has not expressly advised its employees that they may use a seat during their work and does not place seats at...more
Viking River Cruises Inc. v. Moriana, 142 S.Ct. 1906 (2022) -
Summary: The FAA “preempts the rule of Iskanian insofar as it precludes division of Private Attorneys General Act ("PAGA") actions into individual and...more
Summary: Good-faith dispute about employment status of freelancer who modeled in sporadic one- or two-day increments precluded imposition of waiting-time penalties pursuant to Labor Code section 203. ...more
5/17/2022
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Employee Definition ,
Employer Liability Issues ,
Independent Contractors ,
Joint Employers ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The act passed both houses of the legislature with broad bipartisan support. The act, which...more