Employment Law Now VIII-148- Part 1 of 2: The Final Interview With EEOC Commissioner Keith Sonderling
Work This Way: A Labor & Employment Law Podcast - Episode 30: Plaintiff Legal Trends with Paul Porter of Cromer, Babb & Porter
Motivating Employees Who Are Introverts: Lessons From Spider-Man, Office Space, and The Big Bang Theory — Hiring to Firing Podcast
California Employment News - Navigating the New PAGA Reforms: What Employers Need to Know
California Employment News - Navigating the New PAGA Reforms: What Employers Need to Know (Podcast)
What's the Tea in L&E? Is Your Employee the Perfect Plaintiff? Insight From the Other Side with Broderick Dunn
California Governor’s PAGA Deal: What Employers Need to Know - Employment Law This Week®
California Employment News: Can Pre- and Post-Shift Activities Be Compensated (Podcast)
Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard Nexsen
#WorkforceWednesday: Avoiding Legal Illusions - Crafting Effective Arbitration Agreements - Employment Law This Week®
#WorkforceWednesday: Termination Meetings on the Record - Employment Law This Week®
Work This Way: A Labor & Employment Law Podcast | Episode 8: The Benefits of a Mock Jury with Dr. Jo Ellen Livingston
The Burr Broadcast: EEOC Strategic Enforcement Plan
Work This Way: A Labor & Employment Law Podcast - Episode 5: Workforce Development with William Floyd, Executive Director of the South Carolina Department of Employment and Workforce
#WorkforceWednesday: California’s Non-Compete Notice Deadline Approaches, California Workplace Violence Regulations, Estrada Decision Keeps Door Open for PAGA Challenges - Employment Law This Week®
Work This Way: A Labor & Employment Law Podcast - Episode 2: Labor Dispute Mediations with Drew Rogers, Senior Federal Mediator with the Equal Employment Opportunity Commission, Part 2
A Deep Dive Into Internal Workplace Investigations: Tom Cruise's Minority Report — Hiring to Firing Podcast
Middle East Conflict Impact on the Healthcare Workplace: An HR Perspective
The Chartwell Chronicles: Employment Law Hot Topics
Labor Law Insider - Forget the Election: Union Representation Without the Messy Election is the Next Labor Law Reality, Part I
Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...more
In a recent legal dispute, Mahram v. The Kroger Co., a California Court of Appeal delivered a decision that may have implications for employment arbitration agreements. Although the case at hand involved a consumer...more
In August 2000, the California Supreme Court handed down a landmark ruling that changed the face of employment arbitration agreements going forward. That case, known as Armendariz v. Foundation Health Psychcare Services,...more
A significant number of employers are opting to elect mandatory arbitration of potential disputes with employees as an alternative to state or federal courts. In some circumstances, arbitration can be quicker than litigation,...more
When a “dispute” arises under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) depends on when the specific facts of the case show a “conflict or controversy” exists between the parties, the...more
A California appellate court recently denied a motion to compel arbitration, finding the agreement unconscionable in part because it (1) applied to all claims rather than just those arising from employment, (2) was unlimited...more
Many California employers require their employees to sign agreements to submit any disputes arising out their employment to binding arbitration. If an employee files a lawsuit in court, the employer then has the option of...more
On July 15, 2024, the Supreme Court of California issued a decision that could provide courts in the state with significant discretion to refuse to enforce employment arbitration agreements even if only one term is determined...more
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
The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more
On March 12, 2024, the Ninth Circuit published a decision in Ortiz v. Randstad Inhouse Services, LLC, holding that the Plaintiff Adan Ortiz (“Plaintiff”) qualified as a “transportation worker” under the Federal Arbitration...more
In Elijah Baer, et al. v. Tesla Motors, Inc., fifteen plaintiffs filed a putative class and Private Attorneys General Act (“PAGA”) representative action lawsuit against Tesla, Inc. (“Tesla”) alleging wage-hour violations of...more
On June 17, labor and business groups reached an agreement with California Governor Newsom to reform California’s Private Attorneys General Act (PAGA). A summary of the deal was announced the following day. The proposed...more
The U.S. District Court for the Northern District of Illinois has rejected an argument that opting out of arbitration clauses precluded arbitration under prior arbitration agreements in a dispute between Uber drivers and...more
It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more
On May 16, 2024, the Supreme Court, in Smith v. Spizzirri, unanimously held that Section 3 of the Federal Arbitration Act (FAA) requires courts to stay, rather than dismiss, proceedings pending arbitration upon a party’s...more
Employers may be able to breathe a sigh of relief as a California Court of Appeal concluded that the Federal Arbitration Act (“FAA”) preempts state law that allowed employees to wriggle out of arbitration and win thousands of...more
The United States Supreme Court unanimously held that when a district court compels claims to arbitration, the district court must stay – rather than dismiss – the district court case. In Smith v. Spizzirri, the Supreme...more
Executive Summary: On May 16, 2024, the U.S. Supreme Court decided Smith v. Spizzirri, holding that federal district courts have no discretion under Section 3 of the Federal Arbitration Act (“the FAA”) to dismiss a case once...more
On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macy’s West Stores, after the employer appealed the district court’s decision ordering arbitration of both an employee’s individual and non-individual claims under...more
Arbitration agreements are useful tools for California employers, but they are replete with potential dangers. An employer contemplating using arbitration in the workplace must evaluate whether it should be mandatory, the...more
Is an independent food distributor exempt from an arbitration agreement under the interstate transportation worker exemption in the Federal Arbitration Act (FAA)? That was the question that the U.S. Supreme Court addressed in...more
This week, we’re diving into arbitration agreements and learning some best practices for employers when crafting these agreements: Employers often include arbitration agreements in their onboarding and other employee...more
Despite its best efforts, the California Legislature has been unable to substantially curtail the popularity of employment arbitrations in California. The hostility to employment arbitration remains evident, however, among...more
Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC, that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond...more