By now, it’s a familiar maxim: when an employee brings an action under the Private Attorneys General Act (PAGA), “the state is the real party in interest.” Iskanian v. CLS

Continue Reading Whose Case Is It Anyway? Trial Court Orders State of California to Pay Court Costs in PAGA Action

In a trail of decisions turning back the clock to precedent under the Clinton-era Board, the National Labor Relations Board (NLRB) has reversed the standard of review for employee handbook

Continue Reading NLRB Reverts to Heightened Legal Standard in Reviewing Employee Handbook Policies

On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit found that online pet retailer Chewy, Inc. was not liable under the Occupational Safety and Health Act

Continue Reading Under-Whelmed by an ‘Under-Ride’ Hazard: 11th Circuit Vacates General Duty Clause Violation on Preemption Ground

Proposition 22 continues its journey through the California courts. As background, in 2018 the California Supreme Court adopted a new test to determine whether a worker was an employee or

Continue Reading Court of Appeal Puts Rideshare Companies Back in the Driver’s Seat

Employers seeking to challenge California’s stringent independent contractor misclassification laws may have found an opening. On March 17, the Ninth Circuit Court of Appeals concluded that plaintiffs could proceed in

Continue Reading Ninth Circuit Revives Claim That A.B. 5 Violates Equal Protection Clause