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AGG Talks: Background Screening - Redaction of Identifiers by the Courts Update, Breaking News from California
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The California Supreme Court’s decision in Fuentes v. Empire Nissan, Inc. resolves a growing split among the lower courts over whether tiny, hard‑to‑read print in an arbitration agreement counts as procedural...more
The California Supreme Court (the “Court”) has confirmed that an arbitration agreement’s formatting—standing alone—does not render its terms substantively unconscionable, even where the text is difficult to read.1 The Court...more
Several employment-related cases are currently pending before the California Supreme Court, and their outcomes could have a significant impact on workplace policies and risk management for employers and HR professionals....more
The California Supreme Court recently issued an opinion that serves as an important reminder to employers: good intentions regarding compliance with wage laws are not enough to avoid liquidated damages for minimum wage...more
Below are the key state employment law changes that have occurred in September 2025. Employers should review these updates to ensure compliance with new leave rights, posting requirements, and employee protections across...more
In a unanimous decision that strengthened California’s already robust worker protections laws, the state’s Supreme Court has made it harder for employers to avoid increased damages for minimum wage violations. The ruling in...more
On August 21, 2025, the Supreme Court of California ruled that employers must demonstrate that they took reasonable steps to comply with minimum wage laws to mount a good-faith defense against liquidated damages. The decision...more
In a closely watched decision issued on July 21, 2025, the California Supreme Court, in EpicentRx, Inc. v. Superior Court, held that a forum selection clause requiring shareholder lawsuits to be brought in the Delaware Court...more
We have seen a rise in employees going on the offensive and suing their former employers for damages for not informing them that their noncompete is invalid under the applicable state law or for exaggerating the scope of a...more
The California Supreme Court issued several important decisions in 2024 about issues such as the application of PAGA to public employees and the definition of “hours worked.” Several cases are pending before the state’s high...more
As we wrap up 2024, here is a review of some of the changes to California employment law that will continue to affect employers in 2025. Legislative Changes...more
One instance of a coworker directing the “N-word” to a Black employee can rise to the level of being so severe as to make for a racially hostile work environment in violation of the California Fair Employment and Housing Act...more
Repurposing old laws to challenge new technologies has become the new normal in the privacy space. Plaintiffs continue to bring a kaleidoscope of privacy claims against companies in the tech age, reviving laws like the...more
The U.S. Court of Appeals for the Seventh Circuit joins a growing number of federal circuits to hold the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb v. Superior Court, that sharply limited the use of nationwide...more
In a July 29, 2024, opinion, the California Supreme Court reaffirmed that a single use of a racial epithet can be severe enough to be actionable harassment under the California Fair Employment and Housing Act (FEHA)....more
In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more
Employers finally received some welcome news from the California Supreme Court Monday and now have a better shot of successfully using a “good faith” defense to wage-and-hour lawsuits. According to the ruling, if an employer...more
California employers who require employees to pass through a security checkpoint or swipe a security badge before exiting their worksites but after clocking out could potentially face significant liability for violating...more
In Huerta v. CSI Electrical Contractors, No. S275431 (March 25, 2024), the California Supreme Court issued an important decision relating to whether California employers must pay non-exempt employees for certain pre-shift...more
On March 25, 2024, the California Supreme Court issued its decision in Huerta v. CSI Electrical Contractors, which provides certain clarity on nuanced wage and hour issues and the scope of the term “hours worked.” In this...more
Last week, the California Supreme Court unanimously held that California's Fair Employment and Housing Act ("FEHA") applies not only to employers but also to business entities performing services as agents for employers....more
California’s Fair Employment and Housing Act (FEHA) is already one of the most employee-friendly state civil rights laws in the country. Until now, it was not clear whether employees could sue not only their direct employers...more
In a significant blow to employment-related arbitration agreements, the California Supreme Court ruled in Adolph v. Uber Technologies, Inc. that an employee has standing to bring non-individual, representative California...more
In a unanimous opinion, the California Supreme Court answered two questions posed to it by the Ninth Circuit Court of Appeal, finding that an employer is not liable for a COVID-19 injury sustained by an employee’s household...more
Under California's Private Attorneys General Act, does an aggrieved employee — who has been compelled to arbitrate their individual claims under PAGA and the California Labor Code — maintain statutory standing to pursue PAGA...more