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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Employment Litigation
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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Leaving Work to Avoid Stress Found Not to Be a Reasonable Accommodation
Originally published for HR California
In a pro-employer decision that provides guidance in responding to employees’ request for accommodations, a California court aptly noted that such requests need not excuse an employee from performing the ...
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ALERT: NLRB Shakes Up Severance Agreements
In a move that impacts employer strategies when implementing both mass layoffs and individual terminations, the National Labor Relations Board ("Board") recently held that an employer violates the National Labor Relations Act ("NLRA") when it extends ...
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New Year – New PAGA Strategies
More than 5,000 California employers are sued each year for civil penalties under the Labor Code Private Attorneys General Act (“PAGA”). This year promises to be no exception. Already, the state has received notice of hundreds of intended ...
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Must Employers Pay When Employees Claim They’re Too Busy for Rest Breaks?
Originally published for HR California
Virtually all California employers and their employees are aware of workers’ rights to take paid rest breaks during a typical shift — that all nonexempt employees whose total daily work time is at least ...
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