The California Supreme Court will soon hear oral argument on the much-anticipated Adolph (Erik) v. Uber Technologies, Inc., (Uber), accepting Justice Sotomayor’s invitation in Viking River Cruises
Continue Reading California Supreme Court to Have ‘Last Word’ on Viking River
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
In Shaw v. Superior Court, 78 Cal. App. 5th 245 (2022), the California Court of Appeal held that trial courts have discretion to apply the doctrine of exclusive
Continue Reading Superior Courts Officially Have the Discretion to Stay Later-Filed PAGA Actions
Do trial courts have inherent authority to strike or narrow Private Attorneys General Act (PAGA) claims they deem unmanageable? On June 22, 2022, the California Supreme Court agreed to resolve
Continue Reading May Courts Strike Unmanageable PAGA Claims? California Supreme Court to Answer
In a victory for California employers, the U.S. Supreme Court held in Viking River Cruises, Inc. v. Moriana that the Federal Arbitration Act (FAA) requires enforcement of arbitration agreements that
Continue Reading In Viking River Cruises, US Supreme Court Sides With Employers: Individual PAGA Claims Are Arbitrable – For Now
In Estrada v. Royalty Carpet Mills, Inc., 76 Cal. App. 5th 685 (2022), the California Court of Appeal, in relevant part, reversed a trial court’s order decertifying a subclass
Continue Reading California Court of Appeals are Split on Whether Employers Can Dismiss a PAGA Claim Based on Manageability
There might be a light flickering at the end of a dark tunnel California employers have been walking through for more than 15 years. In December 2021, California’s Secretary of
Continue Reading At Long Last: The End of the PAGA Era?
On Sept. 9, 2021, the California Court of Appeal in Wesson v. Staples The Office Superstore, LLC, supported what employers have been arguing since Private Attorneys General Act (PAGA)
Continue Reading Strike That! PAGA Claims Must be Manageable
Continue Reading Employers Must Brace For PAGA-Like Bills Across US
In Bernstein v. Virgin America, Inc., on February, 23, 2021, the Ninth Circuit issued a decision that’s a mixed bag for employers. Bernstein v. Virgin Am., Inc., No.
Continue Reading Ninth Circuit Grounds Imposition of ‘Subsequent’ PAGA Penalties Prior to Court or Labor Commissioner Citation, But Lets Waiting Time Penalties and Other Labor Code Violations Soar for Interstate Employers