The California Fourth District Court of Appeal’s decision in Reyes v. Hi-Grade Materials Co. continues the trend toward limiting plaintiffs’ abuse and improper weaponization of the California Private Attorneys General Act...more
Employment arbitration agreements are an important tool for employers who wish to resolve workplace disputes in a more streamline fashion and, more importantly, avoid class and collective actions. However, enforcing...more
12/23/2024
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Collective Actions ,
Dispute Resolution ,
Equitable Estoppel ,
Labor Code ,
Labor Law Violations ,
Limited Liability Company (LLC) ,
Putative Class Actions ,
Wage and Hour
Employers wanting to create a more equitable and legally compliant workplace while also reducing their risk of litigation may want to pay particular attention to the California Court of Appeal’s recent decision in Wawrzenski....more
11/22/2024
/ Appeals ,
California ,
Employment Discrimination ,
Employment Policies ,
Enforcement ,
FEHA ,
Harassment ,
Hostile Environment ,
Retaliation ,
Social Media ,
Summary Judgment ,
United Airlines ,
Wrongful Termination
It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and share vacation photos,...more
8/6/2024
/ Anti-Harassment Policies ,
Civil Rights Act ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Hostile Environment ,
Racist Remarks ,
Sexist Comments ,
Social Media ,
Title VII
Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more
7/30/2024
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Labor Regulations ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
NLRA ,
NLRB ,
OSHA ,
Over-Time ,
SCOTUS ,
Starbucks Corp. v McKinney ,
Statutory Interpretation
Employers supplementing their workforce with temporary workers may be out of luck if they wish to rely on arbitration agreements between the temporary helper and the staffing provider. The California Court of Appeal, Fourth...more
When transferring an employee or making changes to their job duties, employers now face an increased risk of claims under Title VII. On April 17, the US Supreme Court unanimously held that plaintiffs alleging discrimination...more
5/9/2024
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employment Litigation ,
Employment Policies ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
The use of arbitration agreements between employers and employees is a long-standing practice that has become an integral part of employment dispute resolution across the country. Employers often use arbitration agreements...more
3/22/2024
/ Arbitration ,
Arbitration Agreements ,
Boy Scouts ,
Class Action ,
Collective Actions ,
Confidential Information ,
Employment Policies ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Sexual Assault ,
Sexual Harassment ,
Southwest Airlines ,
State Labor Laws
ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country.
From labor and employment disputes to landmark...more
3/22/2024
/ Arbitration ,
Arbitration Agreements ,
Biometric Information ,
Biometric Information Privacy Act ,
California ,
CIPA ,
Class Action ,
Cybersecurity ,
Data Protection ,
Electronic Communications ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Foreign Commerce ,
Illinois ,
Interstate Commerce ,
Logistics ,
Privacy Acts ,
State and Local Government ,
State Privacy Laws ,
Technology Sector ,
Wiretapping
In Kim v. Tinder, Inc., No. 22-55345 (9th Cir. Dec. 5, 2023), the Ninth Circuit recently vacated a $5.2 million class action settlement between plaintiff Lisa Kim and Tinder, Inc., finding that Kim was inadequate to represent...more
California Governor Gavin Newsom signed a flurry of new bills at the end of the legislative session, including numerous bills that will impact employers across various industries across the state.
Some of the key changes...more
11/21/2023
/ Appeals ,
Arbitration ,
Automatic Stay ,
Cal-OSHA ,
Compliance ,
Fast-Food Industry ,
Federal Arbitration Act ,
Governor Newsom ,
Investigations ,
Labor Commissioners ,
Minimum Wage ,
New Legislation ,
Non-Compete Agreements ,
Paid Time Off (PTO) ,
Reimbursements ,
Reproductive Healthcare Issues ,
Unfair Competition Law (UCL) ,
Union Representatives ,
Unions ,
Workplace Violence Prevention Programs
Governor Newsom signed SB 616 on October 4, 2023. SB 616 expands California’s sick pay law in several important ways, including by increasing the amount of paid sick leave an employee is entitled to accrue from 24 hours/three...more
On October 13, 2023, California Governor Gavin Newsom signed a first-of-its-kind bill related to an industry-wide minimum wage in California. SB 525 impacts the health care industry and sets a minimum wage schedule that...more