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California › Uber

McGlinchey Stafford

Court Upholds Law Classifying App-Based Drivers as Independent Contractors: Does What Happens in California, Stay in California?

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The California Supreme Court recently upheld a California law that classifies drivers for app-based transportation companies, such as Uber, Lyft, or DoorDash, as independent contractors and not employees, provided the company...more

Maison Law

California Uber Accidents and Personal Injury Claims

Maison Law on

Uber is a California-born taxi service that relies upon apps on tablets, smartphones, and computers. Requests for service come with a few finger taps rather than hailing for cabs or competing with other taxi riders for...more

Proskauer - California Employment Law

Dismissal of Representative PAGA Claim Vacated Following Adolph v. Uber Techs.

Proskauer - California Employment Law on

Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) - The Ninth Circuit vacated a district court’s dismissal of a former employee’s “non-individual” Private Attorneys General Act (PAGA) claims in the wake of...more

CDF Labor Law LLP

[Webinar] When to Arbitrate PAGA Claims: Insights from Adolph v. Uber - September 26th, 10:00 am - 11:15 am PT

CDF Labor Law LLP on

Join us on September 26 for a comprehensive webinar hosted by CDF as we delve into the crucial subject of arbitrating PAGA claims, exploring its implications following the California Supreme Court's landmark decision in...more

Jenner & Block

California Supreme Court Breaks from Federal Precedent on PAGA

Jenner & Block on

The California Supreme Court issued a much-anticipated Private Attorneys General Act (PAGA) decision in Adolph v. Uber Technologies, Inc. in July, departing from the United States Supreme Court’s 2022 ruling in Viking River...more

Pillsbury Winthrop Shaw Pittman LLP

Adolph v. Uber Technologies, Inc.: Plaintiffs Compelled to Arbitrate Their Individual PAGA Claims May Still Litigate...

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To have Private Attorneys General Act (PAGA) standing, a plaintiff must be an “aggrieved employee,” which is an individual who worked for an alleged violator and personally sustained at least one Labor Code violation. ...more

Mintz - Employment Viewpoints

California’s Highest Court Revisits Statutory PAGA Standing: What the Ruling Means for California Employers

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The California Supreme Court has closed the door on the employer-friendly rule the U.S. Supreme Court set out in the case of Viking River Cruises Inc. v. Moriana. There, the Supreme Court held that employees could waive their...more

Ballard Spahr LLP

Viking River Cruises revisited

Ballard Spahr LLP on

We previously blogged about Viking River Cruises, Inc. v. Moriana, in which the U.S. Supreme Court held that individual employee claims under California’s Labor Code Private Attorneys General Act (PAGA) are subject to...more

Snell & Wilmer

California Supreme Court’s Adolph v. Uber Technologies, Inc. Decision Reopens the Door for Representative PAGA Claims in Court

Snell & Wilmer on

California employers’ short-lived victory in the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana last June was substantially undone on Monday by the California Supreme Court’s decision in Adolph v. Uber...more

Seyfarth Shaw LLP

PAGA Plaintiffs Can Still Pursue Representative Claims Despite Individual Arbitration

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Seyfarth Synopsis: The California Supreme Court has held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court. Adolph v. Uber Technologies,...more

Seyfarth Shaw LLP

California Takes the Match With Adolph Ruling

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court in Adolph v. Uber Technologies,...more

Proskauer - California Employment Law

California Employment Law Notes - May 2023

Proskauer - California Employment Law on

Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception” - Atkins v. St. Cecilia Catholic Sch., 2023 WL 3142316 (Cal. Ct. App. 2023) - Frances Atkins was a long-term employee of St. Cecilia...more

CDF Labor Law LLP

Discretion: The Better Part of Valor in Defending Against PAGA Claims

CDF Labor Law LLP on

Since the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana, employers have been implementing and enforcing arbitration agreements requiring employees to arbitrate their individual Private Attorneys’ General...more

Weintraub Tobin

California Proposition Regarding App-Based Drivers is Largely Here to Stay (For Now)

Weintraub Tobin on

A California Court of Appeals recently addressed challenges to Proposition 22, the Protect App-Based Drivers and Services Act, and concluded that it will largely remain in effect, at least for now. Background: Whether...more

Husch Blackwell LLP

California, Ride-Hailing Companies Collide In Court: Implications And Next Steps

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Uber, Lyft, and other app-based transportation companies suffered a blow on August 20, 2021, when Alameda Superior Court Judge Frank Roesch ruled that California’s Proposition 22 violates the state’s constitution and is...more

Foley & Lardner LLP

California Employers Fight Back Against AB 5 with Mixed Results

Foley & Lardner LLP on

Since its introduction on September 18, 2019, Assembly Bill 5 (AB 5) has caused confusion and controversy, and has sparked fervent opposition across California, as it codifies the common law “ABC Test” used for determining...more

White and Williams LLP

Is the Gig Up? Worker Misclassification in the Technology Age

White and Williams LLP on

The legal issues underlying “worker misclassification” claims are hardly new. Worker wage claims asserting misclassification of a worker’s status under state and federal law have been around for decades. Similarly, state...more

Amundsen Davis LLC

California Court Re-Classifies Independent Drivers As Employees Pursuant To AB5

Amundsen Davis LLC on

On Monday August 10, 2020, Judge Ethan Schulman of the California Superior Court issued an injunction against Uber and Lyft ordering them to classify drivers as employees and not as independent contractors. The order follows...more

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