In Huerta v. CSI Electrical Contractors, a decision focusing on the construction industry, the California Supreme Court recently provided specific guidance on whether time spent waiting for a vehicle inspection is compensable. The Court also provided ...
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Employment Litigation
PAGA Claims Must Be Artfully Addressed in Arbitration Agreements
Many California employers have adopted arbitration agreements to resolve their workplace disputes. Such agreements are enforceable in California so long as their terms are substantively fair. To ensure enforceability, the agreement must include ...
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Court Strikes Down Employer-Friendly Defense in PAGA Actions
Employers who are sued under the Private Attorneys General Act of 2004 (PAGA) have limited arguments toward dismissal of PAGA claims. Thanks to the California Supreme Court, companies may now have one less weapon in their arsenal when it comes to ...
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Court: Termination Justified After Warning Supervisor Against Unprofessional Behavior Following Investigation
Originally published for HR California
Employers must regularly navigate the challenges of handling complaints brought by employees in the workplace. While many complaints relate to daily nuisances involving coworker or customer interactions, ...
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Supreme Court Expands Liability Under the Fair Employment and Housing Act to Third-Party Vendors
In an unprecedented decision issued last month, the Supreme Court ruled in Kristina Raines v. U.S. Healthworks Medical Group, et al. that third-party vendors, who handle labor and employment issues for an employer, can be independently sued as ...
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Cautionary Tale: Delay in Payment of Arbitration Fees Can Result in Waiver of Right to Proceed in Arbitration
A recent court of appeal decision in the case of Cvejic v. Skyview Capital, LLC is a stark reminder of the need for employers and their counsel to “pay attention” and promptly pay arbitration fees or risk waiving the hard earned right to ...
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California Supreme Court Rules that Employees Who Prevail on Individual PAGA Penalty Claims in Arbitration Can Also Pursue Civil Actions for Co-worker Penalty Claims
In a ruling with critical implications for California employers, on July 17, 2023, the California Supreme Court held that employees can file a civil action under the Private Attorneys General Act (“PAGA”) even if they are bound by contract to submit ...
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Keep Employee Compensation Simple
Entrepreneurship often requires innovative thinking and experimentation, and success often turns upon finding creative solutions. However, employee compensation is not the proper place for experimentation and creativity. Good-hearted efforts to ...
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