California employers will be receiving immediate relief under the new Private Attorneys General Act (PAGA) reform law. The California Legislature passed AB 228 and SB 92 on June 27, 2024, and Governor Newsom signed both bills into law on July 1, 2024. Our analysis of the reform is set forth in our previous article here
Class Actions
Ninth Circuit Revives California Ban On Mandatory Arbitration Agreements
In 2019, California enacted AB 51, making it an unlawful employment practice for employers to require applicants or employees, as a condition of employment, to waive any right, forum, or procedure relating to a Labor Code or FEHA claim. The short version of this word salad is that employers couldn’t mandate arbitration agreements. However, a…
Recent Decision Warns That Employers With Poorly Drafted Arbitration Agreements May Get More Than They Bargained For
Arbitration agreements are an increasingly popular way for employers to manage employment disputes effectively and efficiently. A common provision in arbitration agreements is a class action waiver, wherein the parties agree to resolve any dispute on an individual basis. Any employer who has faced a wage and hour class action understands how complex and expensive…
Uniforms, Terminations, Gig Economy, Class Actions and Minimum Wage
There are a lot of California employment law developments at the mid-point of 2019. Below are five recent videos from our YouTube Channel discussing these new developments. Subscribe to our YouTube Channel to keep current.
Also, if you are not already subscribed to my Firm’s newsletter, click here to subscribe to receive updates and…
Five statutes that can shift attorney’s fees to employers
You may recall from your college business law class of the “American rule” regarding attorney’s fees: generally in the United States each side is responsible to their own attorney’s fees, and unlike other countries, the loser does not have to pay the other party’s attorney’s fees. Employers can basically ignore this general rule…
Five things every employer with IT workers must understand about the computer professional exemption under California law
Recently I published a list of common exemptions under California law. This list of exemptions did not delve into the details of each exemption in detail, so I will be returning to a few of the exemptions to add more explanation about each exempt classification. I’m currently reading Paul Graham’s Hackers and Painters, Big…
5 common questions about class actions every employer should understand
1. What is a class action? To understand what a class action is, it is better to start with the basic individual litigation concept. Normally, parties bring their own disputes to court and litigate the case against the other parties who have been officially designated a parties and served with process and understand that they…
Friday’s Five: Uber and Lyft class actions show the difficulties of classifying independent contractors in new “sharing economy”
Uber and Lyft have been sued in separate class action lawsuits in California by drivers challenging
the two companies’ classification of the drivers as independent contractors. The plaintiffs in the two cases argue that the drivers should be classified and paid as employees, which triggers many additional Labor Code provisions for the drivers than if…
Personal cell phones at work: Five lessons employers should take away about expense reimbursement set forth in Cochran v. Schwan’s Home Services
Colin Cochran brought a putative class action against his employers, Schwan’s Home Service, on behalf of 1,500 customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. He alleged causes of action for violation of Labor Code section 2802; unfair business practices under Business and Professions…
Five issues employers should become familiar with under California’s Labor Code provisions regarding one day of rest every seven days of work
The Ninth Circuit Court of Appeals has asked the California Supreme Court to clarify three questions pertaining to California’s little known, and very rarely litigated, laws regarding a day of rest every seven days. The case is Mendoza v. Nordstrom. The California Supreme Court’s clarification could result in a new-found focus on these laws…