The California Court of Appeals decision in Lewis v. Simplified Labor Staffing Solutions, Inc. is a good example of the enforceability of arbitration agreements that contain class and Private Attorneys General Act waivers. As explained below, there are still arguments being addressed by California courts regarding whether arbitration agreements with Private Attorneys General Act
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
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
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.
The U.S. Supreme Court heard oral arguments on October 2, 2017 in Epic System Corp. v. Lewis. And while the case may not make headline news, it has very important ramifications for employers across the country. At issue is whether employers can legally compel employees to enter into arbitration agreements which contain class action
Two cases decided in the last two months have further clarified the scope of discovery and plaintiff’s ability to pursue damages in addition to individual damages under California’s Private Attorneys General Act (PAGA). The holdings are a bit of a mixed bag for employers, but they offer some clarification into PAGA. This Friday’s Five is
Let me start with the lawyer’s disclaimer up-front: this Friday’s Five list has no scientific or statistical backing whatsoever, I generated it based on the cases I’ve been litigating in 2014. My experience may be (and probably is) skewed a bit, but nevertheless California employers should pay attention to the following areas of potential litigation.
1. Arbitration Agreements: What Are They?
Employers can agree that they and any employees who enter into an arbitration agreement will resolve their differences before a private arbitrator instead of civil court. There are many different arbitration companies to choose from, but the American Arbitration Association and JAMS are two of the larger ones that