As has been widely publicized, emergency legislation has been passed to reform the Private Attorneys General Act of 2004 (“PAGA”).
As most California employers know, PAGA allows an individual employee to collect civil penalties on behalf of the ...
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Employment Litigation
Employers Must Carefully Define the Scope, Duration, and Mutuality of Arbitration Agreements
Arbitration agreements represent a critical tool for employers aiming to circumvent the protracted and costly litigation of employee disputes in civil courts. However, recent judicial scrutiny in California necessitates meticulous drafting to ensure ...
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Aren’t You Ready to Retire?
Key Takeaways from a Recent California Court Ruling on Age Discrimination
For decades, state and federal mandates have required employers provide equal opportunity to all their employees, a mandate which requires equal access to training ...
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Court Decision Answers the Question: When Are Employees On-the Clock?
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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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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