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Home > Archives for Employment Litigation

Employment Litigation

Barbara A. Cotter, Partner / August 24, 2022

Fundamentals of Workplace Arbitration FAQ

Employment Litigation

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 ...
[Read more] about Fundamentals of Workplace Arbitration FAQ

Lisa V. Ryan / August 24, 2022

“Have a Seat” California Employees!

Employment Litigation

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, ...
[Read more] about “Have a Seat” California Employees!

Terry Wills / June 17, 2022

Supreme Court Hands Employers Important Victory on Private Attorneys General Act (PAGA) Claims

Employment Litigation

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 ...
[Read more] about Supreme Court Hands Employers Important Victory on Private Attorneys General Act (PAGA) Claims

Lisa V. Ryan / April 21, 2022

ADA Claims Could Apply to Businesses With Fewer Than 15 Employees

Employment Litigation

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 ...
[Read more] about ADA Claims Could Apply to Businesses With Fewer Than 15 Employees

Lisa V. Ryan / August 20, 2021

PAGA: Employee with Outdated Individual Claim May Proceed with Representative Claim

Employment Litigation

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 ...
[Read more] about PAGA: Employee with Outdated Individual Claim May Proceed with Representative Claim

Cook Brown / June 18, 2021

Ninth Circuit Dramatically Restricts the Scope of PAGA Actions in Federal Court

Employment Litigation

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 ...
[Read more] about Ninth Circuit Dramatically Restricts the Scope of PAGA Actions in Federal Court

Barbara A. Cotter, Partner / March 23, 2021

PAGA Study Shows PAGA Undermines Labor Code Enforcement

Employment Litigation

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 ...
[Read more] about PAGA Study Shows PAGA Undermines Labor Code Enforcement

Lisa V. Ryan / October 22, 2020

ADA Web Accessibility is the Next Frontier of Accommodation Litigation

Employment Litigation

If recent filings in California courts are any indication, California businesses should familiarize themselves with the steps they may need to make their websites ADA compliant. Background An emerging issue in the context of antidiscrimination law ...
[Read more] about ADA Web Accessibility is the Next Frontier of Accommodation Litigation

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