On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme...more
6/24/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Federal Arbitration Act ,
Federal v State Law Application ,
Iskanian v CLS Transportation ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
Last week, the United States Supreme Court heard oral argument in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022). The case addresses whether the Federal Arbitration Act (“FAA”) requires the...more
4/5/2022
/ Arbitration ,
Arbitration Agreements ,
Bilateral Agreements ,
California ,
Class Action ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Law Violations ,
Oral Argument ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
State Sovereignty ,
Unpaid Wages ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
Christmas came early this year for California employers. Bucking the trend of unrelentingly bad news for employers in the state, the California Court of Appeal has held that the default (lower) penalties found in the Labor...more
In the latest blow against Netflix’s aggressive recruiting practices, a California appellate court has affirmed a trial court’s injunction against Netflix and in favor of Twentieth Century Fox Film Corporation (“Fox”), thus...more
12/22/2021
/ California ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Fixed-Term Labor Contracts ,
Injunctive Relief ,
Netflix ,
No-Poaching ,
Recruitment Policies ,
Twentieth Century Fox ,
Unfair Competition Law (UCL)
While the California Supreme Court has repeatedly upheld arbitration agreements with class action waivers (as they must under the Federal Arbitration Act), in a now infamous (and controversial) decision from 2014, the court...more
12/21/2021
/ Arbitration ,
Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Private Attorneys General Act (PAGA) ,
SCOTUS
As we recently reported, California juries continue to award massive verdicts to employees with alarming regularity. And, just in time for the holidays, a Los Angeles Superior Court jury upped the ante on Thursday, handing a...more
A suit filed last week in San Diego Superior Court serves as a reminder to employers about the importance of keeping up-to-date on California’s evolving Fair Employment and Housing Act (“FEHA”)....more
For years, federal courts in California have been inundated with wage and hour class actions. Because these cases often clogged district court dockets for months (and, sometimes, even years) on end, the Central District of...more
7/28/2020
/ Class Action ,
Class Certification ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Court Schedules ,
Discovery ,
Employment Litigation ,
Excusable Neglect ,
Filing Deadlines ,
Furloughs ,
Local Rules ,
Scheduling Orders ,
Wage and Hour
Today, in Frlekin v. Apple, Inc., the California Supreme Court held that time spent by non-exempt employees undergoing mandatory bag or other security checks is compensable work time under California law. The decision stands...more
As recently highlighted by the New York Times, a new phrase emblematic of the real or perceived “War Between the Generations” has gone viral: “OK, Boomer!” The phrase, popularized on the Internet and, in particular, Twitter...more