Attorney General’s Sweep On July 14, 2023, California Attorney General Rob Bonta announced an “investigative sweep” focused on the employee data of certain, unnamed large employers in the state. As a part of the sweep,...
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July 18, 2023
California Supreme Court Issues Hotly Anticipated Decision on PAGA Claims and Arbitration
In a long-awaited decision issued on July 17, 2023, the California Supreme Court held in Adolph v. Uber Technologies Inc. that a plaintiff who has been compelled to arbitrate his individual claims for civil penalties pursuant...
June 1, 2023
Union Cannot Avoid State Court Claims for Property Damage Caused by Strike, Supreme Court Holds
The United States Supreme Court issued its highly anticipated labor decision in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174 today. The 8-1 majority opinion is a win for management and...
On May 22, 2023, the California Supreme Court released an opinion finding that California’s whistleblower protection statute (Labor Code section 1102.5(b)) applies when an employee “blows the whistle” on activity that...
On May 5, 2023, the California Court of Appeal for the Second District released a policyholder-friendly decision reiterating the importance of an insurer’s duty to defend. The case also is a reminder to policyholders to...
Nickson v. Shemran, Inc., 90 Cal. App. 5th 121 (2023) Summary A plaintiff maintains standing to pursue a non-individual PAGA claim in state court when his individual PAGA claim is sent to arbitration pursuant to an...
Federal agencies have kept busy over the past month, with several releasing decisions or guidance directly related to the workplace. Employers should be aware of what these actions mean for the way they conduct their...
Navigating the Private Attorneys General Act (PAGA) landscape can be overwhelming for California employers. To help employers stay updated on the ever-evolving statute, this article highlights key takeaways from our recent...
March 22, 2023
Is Your Business Prepared for New Workplace Protections for Pregnant and Nursing Mothers?
Businesses with employees in states that currently lack robust laws related to pregnant or nursing employees should be aware of new legislation and ensure their policies are in compliance before changes are set to go into...
Part Four of a Series Payne & Fears’ Business Litigation Group helps businesses and their owners with wide-ranging disputes. In our practice, we’ve noticed that in disputes among business partners there are common...
Helix Energy Solutions Group Inc. v. Hewitt, 143 S.Ct. 677 (2023) Summary Employee was eligible for overtime pay under the Fair Labor Standards Act (“FLSA”) because his “daily-rate” plan did not satisfy the FLSA’s...
Recent developments in the California Court of Appeal could impact pending or future Private Attorneys General Act (PAGA) litigation. Though many employers anxiously await a decision in the pending California Supreme Court...