8/29/22
On June 15, 2022, the Supreme Court of the United States issued its highly anticipated decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. ___, 142 S.Ct. 1906 (2022), pertaining to the arbitrability of representative …
8/29/22
On June 15, 2022, the Supreme Court of the United States issued its highly anticipated decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. ___, 142 S.Ct. 1906 (2022), pertaining to the arbitrability of representative …
PAGA Manageability Requirement: A Split of Authority in California
4/15/22
By: Adam G. Khan
On March 23, 2022, the California Court of Appeal based in Orange County held in Estrada v. Royalty Carpet Mills, Inc., 2022 Cal. App. LEXIS 237 a trial court “cannot dismiss a PAGA claim based …
California court holds that board diversity law violates equal protection
4/13/22
By: John Rubiner
On September 30, 2020, California Governor Gavin Newsom signed into a law a bill (SB 979) that required publicly held companies headquartered in California to include board members from underrepresented communities. The law further required that, by …
Updating Your California Employee Handbooks in 2022
4/4/22
Employee Handbooks protect employers from potential litigation. California has notoriously strict laws protecting employees; all businesses should regularly review handbooks for updates. If your business is based outside California, you should consider creating an addendum for …
Another Step Toward Limiting Forced Arbitration: House Passes the FAIR Act
3/22/22
By: Margot Parker
Following President Biden’s recent signing of a bill ending mandatory arbitration of sexual assault and harassment claims accruing on or after March 2, 2022, the U.S. House approved the FAIR Act (Forced Arbitration Injustice Repeal) on March …
2/4/22
By: Jaemie Paraon
On January 27, 2022, the California Supreme Court clarified that whistleblower retaliation claims brought under Labor Code section 1102.5 must be evaluated under the framework prescribed in section 1102.6. Under section 1102.6, the plaintiff employee must first …
California passes another bill addressing COVID-19 reporting
11/29/21
By: Gaia T. Linehan
In September, 2020, California passed AB 685, which laid out new notification and reporting requirements for California employers dealing with Covid-19 exposure. Employers may recall that AB 685 authorized Cal/OSHA (California’s state OSHA agency) to issue …
6/22/21
By: Mandy Hexom
On April 16, 2021, Governor Newson signed into law a right to notice and recall of certain employees in the hospitality, event center, airport, private club, and commercial property service industries who were laid off due to …
New COVID-19 Notice Requirements for California Employers
1/12/21
By: Chelsea Whelan
The new year ushers in new rules for California employers receiving notice of potential COVID-19 exposure in the workplace. California Labor Code section 6409.6 became effective January 1 this year following the passage of Assembly Bill 685 and …
Uber and Lyft Drive Prop 22 Home in California
11/17/20
By: Adam Khan
On November 3, 2020, California voters resoundingly passed Proposition 22, delivering Uber and Lyft a big victory, and labor unions a setback.
Prior to Prop 22, AB5 expanded the California Supreme Court’s decision in Dynamex Operations West, …
Californians Will Soon Receive Their Supplemental $300 A Week Unemployment Benefits
9/8/20
California has secured $4.5 billion from the Lost Wages Assistance Program (LWAP) that will result in a $300 per week boost in unemployment benefits to millions of unemployed people in California impacted by the Coronavirus pandemic. …
9th Circuit Holds Amazon’s Last-Mile Delivery Drivers are Exempt from Arbitration
8/21/20
On Wednesday, the Ninth Circuit Court of Appeals held that Amazon’s delivery drivers are exempt from the Federal Arbitration Act (“FAA”) because they are transportation workers “engaged in interstate commerce.”
The decision is a huge loss …