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
Five statements smart employers never say
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
Ignoring these legal notices can create liability for California employers
Happy Friday! This Friday’s Five provides five legal requests and/or notices that, if ignored, can create huge liability for a California employer.
1. Requests for personnel records and time records
There are many different Labor Code provisions that obligate the employer to provide current and former employees with a copy of their personnel files and/or
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
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
Friday’s Five: Five California Labor Code provisions employees cannot waive
Here is a list of five rights provided to employees under the California Labor 
Code that the employee may not waive by agreement with an employer.
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
California Supreme Court Upholds Class Action Waivers: Iskanian v. CLS Transportation Los Angeles, LLC
Today, the California Supreme Court issued a ruling in Iskanian v. CLS Transportation Los Angeles, LLC regarding the enforceability of class action waivers in arbitration agreements. In upholding class action waivers in arbitration agreements, the Supreme Court explained in the introduction of the opinion:
The question is whether a state’s refusal to enforce such a
What To Do In Response To Receiving Private Attorneys Generals Act Notice Sent To The Labor and Workforce Development Agency (LWDA)
The Private Attorneys General Act (PAGA) is a Labor Code provision that permits aggrieved employees to recover civil penalties that are only recoverable by the California Labor and Workforce Development Agency (LWDA) and the Labor Commissioner. PAGA expands the scope of penalties available through wage and hour lawsuits. PAGA is sometimes referred to as the
7 Items A Company Needs To Do After Being Sued In A Wage And Hour Class Action
Being named as a defendant in a class action lawsuit can be overwhelming, especially for a quickly growing company. However, with planning, a company can minimize the impact of the litigation on its existing operations and put forth the best defense. Here are seven items a company can do as part of this planning process