On April 1, 2026, the Ninth Circuit handed California employers a meaningful win in O’Dell v. Aya Healthcare Services, Inc., No. 25-1528. The court reversed a Southern District of California ruling that had used a procedural doctrine—non-mutual offensive collateral estoppel—to invalidate arbitration agreements for more than 250 opt-in plaintiffs based on two prior arbitrator decisions
If you are a California employer, there is a major unresolved issue in PAGA litigation that could significantly impact your exposure—and your ability to enforce your arbitration agreements.
It is called a “headless” PAGA claim, and right now, California courts are split on whether these claims are even allowed.
The result: uncertainty, inconsistent outcomes, and
California is technically an at-will employment state. But practically speaking, that designation comes with so many asterisks that employers who treat at-will as a blank check to terminate anyone at any time are setting themselves up for costly litigation.
Here are five things every California employer needs to understand about the at-will doctrine:
1. At-Will
What “Reasonable Steps” Really Mean in 2026: How California Employers Reduce PAGA and Employment Litigation Exposure
As California employers move through 2026, one thing is clear: employment litigation—and PAGA litigation in particular—is not slowing down.
Despite the highly publicized 2024 PAGA reforms, 2025 became the largest year yet for PAGA LWDA filings. That reality has
In my experience as a litigator in California, I’ve found the following five issues to be the most effective way to reduce employment-related lawsuits:
1. Owner/president/CEO is present and available.
One of the single most effective factors in reducing employment lawsuits is if the company’s leader is present at the workplace and is available to
There is no silver bullet for California employers to avoid workplace disputes and litigation. However, by focusing on a few key best practices, employers can reduce the likelihood of litigation, and if sued, the practices will make defending litigation much easier and can result in a better outcome. Here are my top five employer practices