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In a significant decision for employers, plan administrators, and ERISA practitioners, the Ninth Circuit’s recent ruling in Zavislak v. Netflix, Inc. reaffirms a narrow interpretation of the disclosure requirements under ERISA Section 104(b)(4) and offers insight into how courts may treat compliance delays during extraordinary circumstances.

Continue Reading ERISA Document Disclosure: Zavislak v. Netflix, Inc. and the Ninth Circuit’s Narrow Reading of Section 104

The California Supreme Court has issued its long-awaited opinion resolving the split in authority regarding whether Code of Civil Procedure sections 1281.97 and 1281.98 are preempted by the Federal Arbitration Act.
Continue Reading CA Supreme Court Says Not So Fast on Draconian Arbitration Invoice Payment Rules

California Labor Code section 1102.5 authorizes employees to recover attorneys’ fees if they bring a successful action. However, the employer may preclude an award of attorney’s fees to the employee by establishing the same-decision affirmative defense outlined in Labor Code section 1102.6.
Continue Reading Court of Appeals Decision May Offer Employers Relief for Attorneys’ Fees Under California Labor Code Section 1102.5

Predictive scheduling laws, also known as “Fair Workweek” laws, are gaining traction across the United States to protect hourly workers from erratic and last-minute shift changes. These laws typically require

Continue Reading Fair Workweeks: Navigating the Patchwork of Predictive Scheduling Laws

Employees may believe they can premise a defamation case on their employment termination. However, Hearn v. Pac. Gas & Elec. Co., 108 Cal. App. 5th 301 (2025), holds otherwise.
Continue Reading California Court Turns Up the Heat: PG&E Case Requires Employees Claiming Defamation to Prove Damages Beyond Their Termination

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