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 Ban
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 HoldingDoing Business in California: Free Guide for Employers Updated for 2023
The allure of doing business in California is undeniable. It is the world’s fifth (moving towards fourth) largest economy and a market of more than 39 million people. For employers
Continue Reading Doing Business in California: Free Guide for Employers Updated for 2023U.S. Supreme Court: Arbitration Agreements Can Include Enforceable PAGA Waivers!
In what will be one of the biggest wins for California employers this year, the U.S. Supreme Court has ruled that waivers of employees’ individual claims under California’s Private Attorneys
Continue Reading U.S. Supreme Court: Arbitration Agreements Can Include Enforceable PAGA Waivers!Fate of PAGA’s Inclusion In Class Action Waivers in SCOTUS’ Hands
I am not usually a policy wonk, and I often think in terms of concepts not cases. However, I must say that listening to the US Supreme Court’s oral argument
Continue Reading Fate of PAGA’s Inclusion In Class Action Waivers in SCOTUS’ Hands