In Stone v. Alameda Health System, the California Supreme Court considered whether all public entities that are not specifically governmental in nature are exempt from the obligations in the Labor Code such as meal and rest breaks and overtime, and whether penalties available under the Private Attorneys General Act (PAGA) apply to public entities.
PAGA
California Supreme Court Cases Employers Should Watch in 2024
Posted in California Supreme Court
The California Supreme Court issued several important decisions in 2023 about issues such as COVID-19 take-home exposure and arbitrating Private Attorney General Act (PAGA) claims.
Employers should continue to be aware of several cases pending before the state’s high court. Here are the highlights and what these cases could mean for California employers.
PAGA…
A Reminder of Changes to California Workplace Law from 2022
By Cecilie E. Read on
Posted in California
As we wrap 2022, here a review of some of the changes to California employment law that will continue to affect employers in 2023.
Legislative Changes
New Year, New Minimum Wages for California
California Tightens Rules on Vehicle Tracking, Fleet Management
Cal/OSHA Mandated to Update Heat Illness and Wildfire Smoke Standard
Top 10 Most Popular Posts of 2022 for the California Workplace Law Blog
By Jackson Lewis P.C. on
Posted in California, Uncategorized
As the year wraps up, we review some of the highlights of the California Workplace Law Blog with the top 10 most popular blog posts of 2022:
California Supreme Court Cases Employers Should be Watching in 2023
By Gina M. Roccanova & Spencer Davidson on
Posted in California Supreme Court
2022 brought several significant decisions from the California Supreme Court, from decisions about meal and rest period penalties to burden shifting for whistleblower retaliation claims.
Here are some of the cases currently pending before the state’s high court that employers should be watching and what they mean for employment law in the Golden State.…
U.S. Supreme Court Denies Petition for Rehearing in Viking River Cruises, Inc. v. Moriana
By Mia Farber & Scott P. Jang on
Posted in PAGA
On June 15, 2022, the U.S. Supreme Court ruled in Viking River Cruises, Inc. v. Moriana that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only.
In early July, Moriana, the named plaintiff-employee at the center of Viking…
California Supreme Court Accepts Invitation to Weigh In on Employment Arbitration Agreements & PAGA
By Mia Farber & Scott P. Jang on
Posted in Arbitration Agreements
On June 15, 2022, the U.S. Supreme Court ruled in Viking River Cruises, Inc. v. Moriana that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only.
However, Justice Sotomayor’s concurring opinion in Viking River Cruises also seemingly included…
Proposition to Repeal PAGA Approved for November 2024 Ballot
By Cary G. Palmer on
Posted in PAGA
At the end of 2021, the California Secretary of State approved a proposition to reform California’s Private Attorneys General Act (PAGA) by collecting signatures for the November 2022 ballot. The Secretary of State recently announced that the California Fair Pay and Employer Accountability Act has qualified for the 2024 ballot, with nearly 1 million signatures…
Exclusive Concurrent Jurisdiction Applies to Overlapping PAGA Actions
By Cary G. Palmer on
Posted in PAGA
In a recent decision, the California Court of Appeal held that the doctrine of exclusive concurrent jurisdiction applies to a Private Attorneys General Act (PAGA) representative action in Shaw v. The Superior Court of Contra Costa County. The decision is good news for employers facing overlapping PAGA complaints.
Underlying Facts
On July 21, 2022,…
Ninth Circuit Defers Decision on Petition for Rehearing Regarding AB 51
By Scott P. Jang on
Posted in Arbitration Agreements
Last year, a divided Ninth Circuit panel found that the Federal Arbitration Act (FAA) did not completely preempt Assembly Bill (AB) 51, California’s ban on mandatory arbitration agreements. The U.S. Chamber of Commerce then filed a petition for rehearing en banc (Petition), which has been pending before the Ninth Circuit since October 2021.
On…