News & Analysis as of

Waivers Labor Code

Seyfarth Shaw LLP

PAGA Paraphrased – DeMarinis v. Heritage Bank of Commerce

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Seyfarth Synopsis: The first reported PAGA case of 2024 serves as a reminder of the importance of precise language for an enforceable PAGA waiver and the risks of including a “poison pill” provision in a...more

Meyers Nave

Recent Developments Since the Viking River Cruises Decision: 5 Key Things California Employers Need To Know

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What Happens to the “Non-individual” PAGA Claims Now that Viking River Cruises Compels Arbitration of the “Individual” PAGA Claim? The U.S. Supreme Court’s 2022 decision in Viking River Cruises v. Moriana was widely seen...more

Fox Rothschild LLP

U.S. Supreme Court Rules Arbitration Agreements Can Include Enforceable Waivers of Employees’ Individual PAGA Claims

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In a much-needed win for employers, the U.S. Supreme Court has ruled that waivers of employees’ individual claims under California’s Private Attorneys General Act of 2004 (PAGA) are enforceable. The court’s decision in Viking...more

Orrick - Employment Law and Litigation

Big Win for the Healthcare Industry on Meal Break Waivers as the California Supreme Court Resolves an Apparent Conflict in the...

On December 10, the California Supreme Court issued an impactful decision for the healthcare industry. In Gerard v. Orange Coast Memorial Medical Center, the unanimous Court endorsed the Hospitals’ meal break policy, over...more

Carlton Fields

California Supreme Court Puts to Rest Labor Code Interpretation

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Like the Good Lord, California employees are guaranteed one day of rest every workweek under a new California Supreme Court decision, which will have broad implications for employers in California, especially those in the...more

Fisher Phillips

California Court Confirms Healthcare Meal Waivers Have Always Been Valid

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In a somewhat unusual ruling last week, a California Court of Appeal announced that its previous February 2015 decision in the case of Gerard v. Orange Coast Memorial Medical Center, which partially invalidated healthcare...more

Fenwick & West LLP

Ninth Circuit Affirms Iskanian Ruling Rendering PAGA Waivers Illegal

Fenwick & West LLP on

In Sakkab v. Luxottica Retail North America, Inc., the Ninth Circuit affirmed the California Supreme Court’s Iskanian v. CLS Transportation Los Angeles, LLC decision (originally summarized in our June 2012 issue), which held...more

Fenwick & West LLP

Fenwick Employment Brief

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Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Davis Wright Tremaine LLP

California Health Care Employees Cannot Waive Entitlement to Second Meal Period When Working In Excess of 12 Hours

Narrowly construing the California Labor Code provisions on meal periods, the California Court of Appeal struck down a provision in the Industrial Welfare Commission Wage Orders that allows health care employees working...more

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