You’ve taken the right steps. You prepared and rolled out an enforceable arbitration agreement to your employees. Not surprisingly in California, you were sued. The Plaintiff, by force or voluntarily
Continue Reading Pay Your Arbitration Fees on Time or Forfeit Arbitration
Employers who sign employees up to noncompetition agreements or other restrictive covenants or seek to enforce the agreements — even when employees enter into the agreements outside California in a
Continue Reading Employers Using Restrictive Covenants Face Greater Risk Come the New Year!
Portions of employer liability in California PAGA actions are dischargeable in bankruptcy under a bankruptcy court decision issued this summer. Specifically, employers’ liability for the 25% share of PAGA penalties
Continue Reading PAGA Dischargeable in Bankruptcy?
This post is part of Experience Matters, a series drawing on my 30+ years of defending employers in California employment litigation. The series highlights actions you can take to reduce
Continue Reading Take These Smart Steps to Reduce Risk, Build Defensible Terminations, and Stress Less!
As my New York colleagues write here, the New York Legislature just passed a bill that would prohibit non-competition agreements between employers and employees. If signed by Gov. Kathy
Continue Reading California’s Ban on Non-Competes is Catching On
The New Rule: Employees are given whistleblower protection for lodging complaints of violations already known to the employer.
While California courts have already granted employees with broad whistleblower protection
Continue Reading ALERT: CHANGE IN LAW – RETALIATION PROTECTION NOW GIVEN TO EMPLOYEES COMPLAINING OF KNOWN VIOLATIONS
Yes, you can now be sued for sick pay violations (makes us sick too). In Wood v. Kaiser Foundation Hospitals, the Court analyzed the statutory framework and legislative history
Continue Reading You CAN Be Sued for Sick Pay Violations + Paid Sick Leave Reminders
As a backdrop, and as we previously explained [here and here], Courts are split on whether to stay or dismiss representative PAGA claims after individual PAGA claims are
Continue Reading PAGA: Loss on Individual Wage Claims in Arbitration May Preclude Representative PAGA Claims in Court (Even if Stayed)
The California Supreme Court granted review of Adolph v. Uber Technologies, Inc. (“Adolph”) in July 2022. The case calls into question whether a PAGA representative maintains standing
Continue Reading Mark Your Calendars – PAGA Waivers to be Decided by August 7, 2023
The California Court of Appeal dealt another blow to California employers—employees who’s individual PAGA claims are compelled to arbitration now maintain standing to bring their representative PAGA claims in court.
Continue Reading Representative PAGA Claims Survive Arbitration Agreements—California Rejects U.S. Supreme Court’s Viking River Holding