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Home > Archives for Employment Litigation

Employment Litigation

Barbara A. Cotter, Partner / July 1, 2024

PAGA Reform Creates Opportunities and Challenges for California Employers

Employment Litigation

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 ...
[Read more] about PAGA Reform Creates Opportunities and Challenges for California Employers

Sarah Woolston / June 26, 2024

Employers Must Carefully Define the Scope, Duration, and Mutuality of Arbitration Agreements

Employment Litigation

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 ...
[Read more] about Employers Must Carefully Define the Scope, Duration, and Mutuality of Arbitration Agreements

Lisa V. Ryan / June 24, 2024

Aren’t You Ready to Retire?

Employment Litigation

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 ...
[Read more] about Aren’t You Ready to Retire?

Rachel Wong / April 16, 2024

Court Decision Answers the Question: When Are Employees On-the Clock?

Employment Litigation

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 ...
[Read more] about Court Decision Answers the Question: When Are Employees On-the Clock?

Barbara A. Cotter, Partner / April 11, 2024

PAGA Claims Must Be Artfully Addressed in Arbitration Agreements

Employment Litigation

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 ...
[Read more] about PAGA Claims Must Be Artfully Addressed in Arbitration Agreements

Terry Wills / February 16, 2024

Court Strikes Down Employer-Friendly Defense in PAGA Actions

Employment Litigation

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 ...
[Read more] about Court Strikes Down Employer-Friendly Defense in PAGA Actions

Lisa V. Ryan / December 7, 2023

Court: Termination Justified After Warning Supervisor Against Unprofessional Behavior Following Investigation

Employment Litigation

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, ...
[Read more] about Court: Termination Justified After Warning Supervisor Against Unprofessional Behavior Following Investigation

Barbara A. Cotter, Partner / September 15, 2023

Supreme Court Expands Liability Under the Fair Employment and Housing Act to Third-Party Vendors

Employment Litigation

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 ...
[Read more] about Supreme Court Expands Liability Under the Fair Employment and Housing Act to Third-Party Vendors

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