Employment Law Commentary

March 14, 2024 - Non-Compete, Legislation, PAGA
Non-Compete Q1 2024 Round Up - FTC, California, and New York
By: Eric Akira Tate and Cooper J. Spinelli
While the FTC was relatively quiet in 2023 on the non-compete front, California forged ahead with two amendments to its non-compete statute (Business and Professions Code section 16600) that, depending on how courts interpret them, could be one of the most significant developments in
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January 19, 2024 - PAGA, Legislation
Per the California Supreme Court: PAGA Claims May Not Be Stricken on Manageability Grounds
The California Supreme Court has issued its opinion in Estrada v. Royalty Carpet Mills, Inc. (S274340, Jan. 18, 2024), resolving a split of authority regarding whether claims brought under the Private Attorneys General Act (PAGA) may be stricken where there is no manageable way
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July 26, 2023 - PAGA
The California Supreme Court Clarifies PAGA Standing
On July 17, the California Supreme Court issued its opinion in Adolph v. Uber Technologies, Inc. (S274671, Cal. Jul. 2023), holding that an employee who has been compelled to arbitrate claims under the Labor Code Private Attorneys General Act of 2004 (PAGA, Cal. Lab.
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April 11, 2023 - Wage and Hour, PAGA
Cruising Down a Post-Viking River: A Look at Litigation Trends in the Nine Months Since the U.S. Supreme Court’s Decision in Viking River
The U.S. Supreme Court’s decision in Viking River Cruises v. Moriana , 142 S. Ct. 1906 (2022), in June 2022 delivered a victory for California employers facing claims brought pursuant to the Labor Code Private Attorneys General Act of 2004 (PAGA), as we previously
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August 15, 2022 - Wage and Hour, PAGA
California Supreme Court Poised to Address the Issue of PAGA Standing Post-Viking River
As we previously reported , the United States Supreme Court in Viking River Cruises, Inc. v. Moriana , (2022) 142 S. Ct. 1906, delivered a victory for California employers. The high court held that employers can compel arbitration of a plaintiff’s individual claim under the
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June 17, 2022 - Wage and Hour, PAGA
Viking River Is Victorious in Compelling Individual PAGA Claim to Arbitration
The United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana , 142 S. Ct. 1906 (2022), is welcome news for California employers. In short, employers can compel “individual” claims under the Labor Code Private Attorneys General Act of 2004 (PAGA) to
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December 18, 2019 - Legislation, PAGA
California Issues A New Round Of Employment Laws
By: Andrew R. Turnbull
California employers will be impacted by several new laws signed by Governor Newsom during this past legislative session. Employers should review their policies and procedures in light of these developments, most of which will be effective January 1, 2020. Minimum wages will also increase
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February 01, 2019 - Legislation, PAGA
PAGA: A Call To Arms
Whatever good intentions its proponents may claim, the Labor Code Private Attorneys General Act of 2004 (PAGA) created perverse incentives for plaintiff’s lawyers to file representative actions seeking civil penalties for violations of the California Labor Code on behalf of all “aggrieved employees” of
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June 05, 2018 - Legislation, PAGA
What the Supreme Court’s “Epic” Decision Means for Employers
By: Andrew R. Turnbull
On May 21, 2018, the United States Supreme Court issued its decision in Epic Systems Corp. v. Lewis , holding that waivers of class and collective actions in arbitration agreements are enforceable under the Federal Arbitration Act (FAA). The Supreme Court’s decision resolves a
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Topic Archives: PAGA

Non-Compete Q1 2024 Round Up - FTC, California, and New York

By: Eric Akira Tate and Cooper J. Spinelli

Per the California Supreme Court: PAGA Claims May Not Be Stricken on Manageability Grounds

The California Supreme Court Clarifies PAGA Standing

Cruising Down a Post-Viking River: A Look at Litigation Trends in the Nine Months Since the U.S. Supreme Court’s Decision in Viking River

California Supreme Court Poised to Address the Issue of PAGA Standing Post-Viking River

Viking River Is Victorious in Compelling Individual PAGA Claim to Arbitration

California Issues A New Round Of Employment Laws

By: Andrew R. Turnbull

PAGA: A Call To Arms

What the Supreme Court’s “Epic” Decision Means for Employers

By: Andrew R. Turnbull