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
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 Defense
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)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
We’ve discussed before how phishing scams target employers. A new scam focuses on defendants who have settled class-action claims. The scammers send wire transfer instructions that appear to come
Continue Reading Scam Targets Defendants in Class-Action Cases
When you draft employment arbitration agreements, it’s not enough to know what the law is. You should also know what the law will be at the time that someone challenges
Continue Reading Judicial Hostility to Employment Arbitration Flares up in 9th Circuit
From the employer’s perspective, the only way to truly “win” an employment case is to avoid it in the first place. We litigators love the thrill of gettting a
Continue Reading Ten Commandments for Avoiding Employment Lawsuits in California
On April 3, 2014, the California Supreme Court heard oral argument in front of a packed courtroom in Iskanian v. CLS Transportation, a case involving the enforceability of class/representative
Continue Reading The Future of Class Action Waivers in California Employment Cases to be Decided This Summer
Kmart won a trial this week in federal court over claims that it failed to provide seats for its cashiers. Still, there’s no reason to think that this issue is
Continue Reading Employer Wins Battle Over Suitable Seating (For Now)
This week brought some good news for employers seeking to enforce class and representative action waivers in arbitration agreements in California. In Iskanian v. CLS Transportation [pdf], the
Continue Reading CALIFORNIA COURT OF APPEAL UPHOLDS CLASS ACTION WAIVERS