When an employee’s on-the-job injury affects their ability to perform essential job functions, federal and state law require, among other things, that an employer engage in an “interactive process” to
Continue Reading A Breath of Fresh Air for Employers Managing Extended Medical Leaves
The practice of rounding an employee’s time up or down to the nearest interval is widespread. It offers employers the convenience of using round numbers to determine the number of
Continue Reading Rounding Time Roundly Criticized by California Court of Appeal
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
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
On Thursday, October 22, 2020, the California Court of Appeal denied Uber and Lyft’s request to overturn a recent California Superior Court’s preliminary injunction ordering the companies to reclassify their
Continue Reading Driven To The Edge: Saga Of Uber And Lyft Litigation Continues As Court Of Appeal Affirms Order Forcing Driver Reclassification
In August 2020, the California Court of Appeal issued two wins for California employers facing multiple simultaneous representative actions under the Labor Code Private Attorneys General Act of 2004 (PAGA)
Continue Reading Impersonators Beware: Claim Preclusion of Copycat PAGA Lawsuits