The Ninth Circuit Court of Appeals has ruled that an ex-Tinder employee must arbitrate her claims against her former employer and cannot pursue her claims in court, even though her claims arose before she executed an arbitration agreement. In reaching this decision, the Ninth Circuit not only enforced the broad language of the parties’ arbitration

As COVID-19-related litigation increases, courts are being called upon to interpret the scope of employers’ duties to protect their employees with relation to the virus.  Last week, a California federal judge dismissed a lawsuit brought by a spouse attempting to hold her husband’s employer liable for her COVID-19 infection.  The judge held that California’s worker’s

An effective settlement agreement memorializes the resolution of a dispute between a claimant-employee and a business, provides the parties with a clear path forward, and creates peace of mind. A poorly-drafted settlement agreement, on the other hand, can create further conflict and problems.

This is what litigators would like employers to understand about effective settlement

2020 presented a myriad of challenges for California employers, including the constant march of California court opinions regarding the Private Attorneys General Act (PAGA) claims.

The California courts focused on two issues involving PAGA this year:

  • Can a Plaintiff proceed with their PAGA claim (standing)?
  • Can a Defendant compel arbitration when there is a PAGA

Due to the ongoing impact of COVID-19 pandemic on California’s judicial branch, The Judicial Council of California met yesterday and issued emergency rules related to the COVID-19 Pandemic.

Overall, the Judicial Council of California issued eleven different orders, however, three of them will directly affect employment cases.

Statute of Limitations Tolls for All Civil Actions

If you have ever received a pre-litigation records request, then you may already know that such a request tends to be a harbinger of a lawsuit on the horizon. Plaintiff’s lawyers regularly use Labor Code provisions to obtain pay and personnel records, before a lawsuit has been filed. While employees (or their representative) are undoubtedly

Most litigation over whether employees are classified properly as exempt from overtime turns on whether employees spend the majority of their work time performing exempt duties. However, employers should not forget the salary basis requirement. In Negri v. Koning & Associates, No. H037804 (Cal. Ct. App. May 16, 2013), the California Court of Appeal

Reversing a $15 million judgment against an employer in a class action for alleged unpaid overtime, the California Court of Appeal, First Appellate District, has held that the trial court’s trial management plan, which used sampling evidence to prove class liability, denied the employer due process by preventing it from defending against over 90% of

Recently, a California appeals court ruled that a prevailing defendant can recover fees paid to a plaintiff’s expert witness, rejecting the argument that fees may only be recovered for payments made to the employer/defendant’s own expert.  The case, Chaaban v. Wet Seal, is the first California case to expressly rule on the issue.  In