Hospitality employers in California beware. Effective July 1, 2024, California’s Junk Fee Ban (SB 478) will go into effect, making it unlawful to advertise, display or offer a
Continue Reading Hospitality Industry Impact of the Upcoming Junk Fee BanClass Actions
California Supreme Court Holds That Trial Courts May Not Strike PAGA Claims on Manageability Grounds
In a blow for employers, the California Supreme Court held that trial courts may not strike PAGA claims on manageability grounds.
The Backdrop on PAGA Manageability
PAGA trials are a…
Continue Reading California Supreme Court Holds That Trial Courts May Not Strike PAGA Claims on Manageability GroundsPAGA Dischargeable in Bankruptcy?
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?Representative PAGA Claims Survive After Individual Arbitration— Employer-Friendly Viking River Ruling Nullified by California Supreme Court
As we blogged about here, the United States Supreme Court in Viking River Cruises, Inc. v. Moriana divided PAGA claims into two buckets: (1) individual PAGA claims; and (2)…
Continue Reading Representative PAGA Claims Survive After Individual Arbitration— Employer-Friendly Viking River Ruling Nullified by California Supreme CourtPAGA: Loss on Individual Wage Claims in Arbitration May Preclude Representative PAGA Claims in Court (Even if Stayed)
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)Mark Your Calendars – PAGA Waivers to be Decided by August 7, 2023
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, 2023Representative PAGA Claims Survive Arbitration Agreements—California Rejects U.S. Supreme Court’s Viking River Holding
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 HoldingWage Statement Violations – Court Recognizes Good-Faith Dispute Defense
Good news – employers may now argue that wage statement errors were not “willful” as a defense to wage statement claims.
Not everything from Naranjo v. Spectrum Security Services, Inc.…
Continue Reading Wage Statement Violations – Court Recognizes Good-Faith Dispute DefenseGive Me a Break (a Rest Break That Is)
How does a California employer prove in litigation that it actually provides rest breaks? How much evidence is enough? Well, after litigating this issue what seems to be hundreds of…
Continue Reading Give Me a Break (a Rest Break That Is)When & How Much to Pay for Work-From-Home Expenses in a Post Pandemic World
During the pandemic when workplaces were closed and employees had to work from home due to Covid-19 restrictions, employers were required to either provide the equipment needed to work from…
Continue Reading When & How Much to Pay for Work-From-Home Expenses in a Post Pandemic World