The U.S. Supreme Court’s 2022 ruling in Viking River Cruises v. Moriana gave California employers a brief reprieve from the onslaught of nonarbitrable Private Attorneys General Act claims.
Before then
Continue Reading How Unions Could Stem Possible Wave Of Calif. PAGA Claims
On Sept. 5, 2022, California Governor Gavin Newsom signed into law AB 257, the controversial Fast Food Accountability and Standards Recovery Act, also known as the “FAST Act” (the Act).
Continue Reading FAST Act Becomes Law in California, but Voter Referendum Filed in Response
On Dec. 15, 2021, the United States Supreme Court granted certiorari in Viking River Cruises, Inc. v. Moriana, and likely will decide by summer 2022 whether the Federal Arbitration
Continue Reading Supreme Court to Consider Whether the FAA Mandates Arbitration of PAGA Actions
On Feb. 25, 2021, the California Supreme Court issued its much-anticipated decision in Donohue v. AMN Services, LLC. The opinion answers two important questions: (1) whether “employers can[] engage
Continue Reading Donohue – Rethinking California Meal Period Claims
With the pandemic continuing to impact every-day operations of most businesses, opportunities to take advantage of the flexible spending account relief offered in the Consolidated Appropriations Act of 2021 (“CAA”),
Continue Reading It’s Not Too Late: Six Easy Steps to Understanding the Flexible Spending Account Relief That Is Still Available in 2021
On Jan. 14, 2021, the California Supreme Court issued its long-awaited ruling on whether the “ABC test” articulated in its 2018 Dynamex Operations West Inc. v. Superior Court of Los
Continue Reading CA Supreme Court Confirms Dynamex Applies Retroactively
Despite being in effect since Jan. 1, 2020, the California Consumer Privacy Act (CCPA) continues to generate confusion for employers of California residents. Much attention has been given to the CCPA’s effect on a business’ obligations in collecting, using, and sharing California customers’ data. However, given the CCPA’s broad “consumer” definition includes “employees,” it also imposes duties on any in-scope business that manages California employees’ data. Notably, under the CCPA, “employees” include job applicants. The CCPA thus applies to both California customers and employees/job applicants of any “business,” which is defined as a for-profit organization doing business in California that controls how personal information is processed and: (i) has gross annual revenue exceeding $25 million; (ii) buys, receives, sells, or shares personal information of 50,000 or more California consumers, households, or devices; or (iii) derives 50% or more of its annual revenue from selling personal information of California residents. Civ. Code § 1798.140(c)(1). Importantly, for the CCPA to apply, businesses do not have to be physically in California. Thus, for example, a business that does not have any facilities in California, but employs remote workers in California, could be subject to the CCPA if it meets the CCPA’s “business” definition.
Continue Reading Employers: Stop, Drop, and Ensure CCPA Compliance as to Employees Residing in California
On Sept. 18, California Gov. Gavin Newsom signed Assembly Bill 5 (AB5) into law. AB5, effective Jan. 1, 2020, seeks to codify and clarify a California Supreme Court case (
Continue Reading AB5 Update: California Legislature Seeks Shake-Up of Gig Economy; Any Impact of CA Independent Contractor Laws on Franchisors Remains Unclear
On Sept. 12, 2019, the California Supreme Court in ZB, N.A. v. Superior Court of San Diego County (Lawson) delivered a victory for California employers, clarifying that a plaintiff bringing
Continue Reading 2 Steps Forward, 1 Step Back: California Supreme Court Nixes Plaintiffs’ Ability to Recover Unpaid Wages Under PAGA, but Forecloses Defendants’ Path to Arbitration
The enforceability of restrictive covenants, particularly non-compete agreements, can be very difficult for employers to navigate, especially for companies in their “start-up” phase. Technology companies in particular face challenges in
Continue Reading A Non-Compete Law Roadmap for Tech Start-Ups in Key Jurisdictions