Today, June 15, 2022, the U.S. Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana, holding that the FAA preempts California’s prohibition on the employer’s ability to contract with employees to bring only their individual claims in arbitration and not a representative Private Attorneys General Act (PAGA) claim. This is a
There are certain rights provided by the California Labor Code that employees cannot waive, including some of the following:
1. Minimum wage
Labor Code Section 1194 provides a private right of action to enforce violations of minimum wage and overtime laws. That statute clearly voids any agreement between an employer and employee to work for
As we begin March, there are many developments for California employers on the legal front. Here are five issues that should catch employer’s attention this week (and will likely have impacts on California employers for the rest of the year):
1. Does California’s Private Attorneys General Act (PAGA) Survive 2022?
PAGA was designed by the
On December 15, 2021, the U.S. Supreme Court granted certiorari in Viking River Cruises, Inc. v. Moriana. At issue in this case is whether a California employer may enter into a voluntary agreement with an employee whereby the employee agrees to only bring his or her individual claims in an arbitration proceeding and not
On September 22, 2021, Governor Newsom signed AB 701 into law aimed at “warehouse distribution centers” and the use of quotas. While the law was drafted to curtail alleged practices of Amazon, it will impact many warehouses across California. Here are five key questions California employers need to understand about the new law:
1. Which
Being named as a defendant in an employment class action or Private Attorneys General Act (PAGA) representative lawsuit can be overwhelming, especially for a growing company. However, a company can minimize the impact of litigation on its existing operations and put forth the best defense with some planning and good strategic advice. Here are five
Being named as a defendant in a class action or Private Attorneys General Act (PAGA) lawsuit can be overwhelming, especially for a growing company. However, with planning, a company can minimize the impact of litigation on its existing operations and put forth the best defense. Here are five steps a company can take as part
In ZB, N.A. v. Superior Court (Lawson) (Sept. 12, 2019), the California Supreme Court held that plaintiffs cannot recover the unpaid wages described in Labor Code section 558 in a Private Attorneys General Act of 2004 (PAGA) claim. This ruling drastically limits the amount of penalties that plaintiffs can attempt to recover in PAGA actions.
With the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis this week, I thought it would be a good time to review the pros and cons of arbitration agreements in the workplace. This this Friday’s Five is a video in which I cover five things you want to know about arbitration agreements, but
California employment law is a mind field that carries huge exposure for employers not proactively monitoring legal developments and potential legal issues. There are some statements employers in California should never make, and this Friday’s Five reviews misaligned statements that can create significant liability for an employer.
1. My company has employment practices liability insurance