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
Employment Litigation
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PAGA: Employee with Outdated Individual Claim May Proceed with Representative Claim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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ADA Web Accessibility is the Next Frontier of Accommodation 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 ...
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Recent Decisions and Interpretations Expand FFCRA Paid Leave Rights
As employers were faced with confronting new leave of absence rights due to COVID-19, many looked to the Department of Labor (DOL) for guidance to better understand their obligations under the recently passed Families First Coronavirus Recovery Act ...
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AB 51 Stopped in Its Tracks
For the past 10 years or more, many California employers have adopted policies requiring that employees sign arbitration agreements as a condition of employment, thus waiving their rights to a trial by jury. Indeed, some sources indicate that as many ...
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