Updated October 14, 2022
COVID-19's Long-term Effects on Litigation and Document Retention
COVID-19 and public health orders resulted in temporary closures of businesses and courts throughout the State of California. Many businesses suffer from the ...
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Employment Litigation
Fundamentals of Workplace Arbitration FAQ
Many employers are considering adopting or revising workplace arbitration agreements in light of the recent U.S. Supreme Court decision holding that such agreements may limit PAGA claims. Here are answers to some of the most frequently asked ...
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“Have a Seat” California Employees!
New Ruling Heightens Employers’ Duty to “Provide” Suitable Seating
California regulations have long declared that California employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of a seat.” But, ...
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Supreme Court Hands Employers Important Victory on Private Attorneys General Act (PAGA) Claims
In a closely watched case, the U.S. Supreme Court provided some welcome relief to California employers with arbitration agreements this week. The Court held that arbitration agreements that bar employees from pursuing representative claims under the ...
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ADA Claims Could Apply to Businesses With Fewer Than 15 Employees
Originally published for HR California
A recent Ninth Circuit decision allows a former employee to proceed with her Americans with Disabilities Act (ADA) discrimination claims despite working for an employer with fewer than 15 employees. In this ...
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PAGA: Employee with Outdated Individual Claim May Proceed with Representative Claim
Under the California Labor Code's Private Attorneys General Act of 2004 (PAGA), an aggrieved employee — acting solely on their own behalf and/or on behalf of other current and former employees — may bring a civil action to enforce Labor Code ...
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Ninth Circuit Dramatically Restricts the Scope of PAGA Actions in Federal Court
The Labor Code Private Attorneys General Act (“PAGA”) deputizes private attorneys to enforce the California Labor Code, authorizing them to assess civil penalties for alleged Labor Code violations. Recent California decisions bestowed remarkable ...
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PAGA Study Shows PAGA Undermines Labor Code Enforcement
According to a just-released study, the California law known as the Private Attorneys General Act, or “PAGA”, has failed to improve Labor Code compliance, and instead has essentially privatized the enforcement of labor laws. As a result, Labor Code ...
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