Employment Litigation

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!

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!

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

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