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
A high-earning employee is not compensated on a “salary basis” when their paycheck is based solely on a daily rate calculated by the number of days worked, the Supreme Court
Continue Reading Are Highly Paid Daily Rate Workers Entitled to Overtime Under FLSA? Supreme Court Resolves Issue
California employers know the holidays bring chilly nights (by California standards), holiday cheer, decked halls, and… ringing in the New Year with a host of new employment laws and compliance
Continue Reading ’Tis the Season for California’s 2023 Legislative Update: Employer Considerations
The contours of plaintiff pleading requirements for ERISA fiduciary breach claims sketched by the Supreme Court in Hughes v. Northwestern University continue to evolve. Recent cases suggest that plaintiffs may
Continue Reading The Tide May Be Turning on Flood of ERISA Excessive Fee Class Actions
On July 26, 2022, in a win for employers, the Third Circuit Court of Appeals issued a precedential opinion in Christa Fischer, et al. v. Federal Express Corp., et al,
Continue Reading 3rd Circuit Issues Practical Death Knell to Nationwide FLSA Collective Actions Involving Employers Not Subject to General Jurisdiction in Circuit
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 Morgan v. Sundance, Inc., the U.S. Supreme Court resolved a circuit split regarding whether a party has waived its right to arbitrate. Under the test reviewed by the
Continue Reading Supreme Court Holds Waiving Arbitration Does Not Require Proof of Prejudice
To survive a motion to dismiss after Hughes v. Northwestern University, plaintiffs will have to allege facts showing the plan fiduciaries have not followed a prudent process in making
Continue Reading Charting a ‘Northwestern’ Passage: ERISA’s Duty of Prudence and Requirements for Pleading a Breach After ‘Hughes v. Northwestern University’
The U.S. Supreme Court ruled Jan. 24 in Hughes et al. v Northwestern University et al. that in litigation challenging fiduciaries of benefit plans that allegedly have imprudent investment options,
Continue Reading Supreme Court Holds ERISA Requires Plaintiffs to Allege Context-Specific Breaches of Fiduciary Duty to Monitor