The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) of 2022 allows a plaintiff alleging sexual harassment to opt out of an enforceable arbitration agreement. In…

Continue Reading Labels Are Not Enough: Why Calling It ‘Sexual Harassment’ May Not Be Enough to Defeat Arbitration

In Taduran v. Glidewell, the Fourth District Court of Appeal confirmed that proportionality, actual harm, employer good faith, and prompt remediation remain powerful factors in limiting both PAGA penalties and attorney’s fee exposure.…

Continue Reading The PAGA Rebalance: Reducing Risk and Rewarding Compliance

A performance improvement plan — also referred to as a “PIP” — is a human resources tool commonly used by employers. As illustrated by the recent decision in Walsh v. HNTB Corporation, 169 F.4th 330 (1st Cir. 2026), not all PIPs are created equal in evaluating when they may serve as a basis for an employment discrimination claim.…

Continue Reading When Is a PIP an Adverse Employment Action?