Newsletters

09.27.21

NLRB GC Urges Use of ‘Full Panoply of Remedies’

Sending a strong message of enforcement and the potential consequences for violations of the National Labor Relations Act, the general counsel of the National Labor Relations Board issued a pair of memos to its Regions encouraging the use of “every possible tool” in seeking remedies.


09.27.21

California Appellate Court Affirms Motion to Compel Arbitration

In a victory for an employer, a California appellate panel affirmed an order to compel arbitration of a wage claim in a dispute against a mortgage company.


09.27.21

Ninth Circuit Not Enamored of ‘Paramour Preference’ Claims

The U.S. Court of Appeals, Ninth Circuit, rejected “paramour preference” claims under Title VII, affirming summary judgment in favor of an employer and following the other federal appellate courts.


09.27.21

The Battle Continues: Prop 22 Struck Down, AB 5 Appealed

The long-running battle over the classification of workers as independent contractors or employees in California continues, with a trial court judge striking down Proposition 22 and an appeal to the U.S. Supreme Court to consider Assembly Bill 5.


09.17.21

Ninth Circuit Circumvents the FAA by Upholding Portions of CA Law Banning Mandatory Arbitration

On September 15, 2021, a split Ninth Circuit panel ruled that certain portions of California’s Assembly Bill 51 (2019) were not preempted by the Federal Arbitration Act, raising questions as to whether many employers’ current practices of implementing mandatory arbitration agreements ...


09.10.21

Biden Administration Imposes a Workplace Vaccination Mandate, While CA Sets Aside a Similar Proposal

On September 9, 2021, President Biden announced a new COVID-19 plan, aimed to control the spread of the Delta variant and increase vaccination rates nationwide.


09.10.21

CA Court Affirms That Courts Have Authority to Ensure Manageability of PAGA Claims

The California Court of Appeal issued its opinion in Wesson v. Staples, Inc., holding that (1) courts have inherent authority to ensure that Private Attorneys General Act claims can be fairly and efficiently tried.


08.27.21

Mask Mandates Return, Along With Vaccination Requirements

​It’s déjà vu all over again, as mask mandates return and a growing number of employers—both public and private—require vaccinations for their workers.


08.27.21

Fourth Circuit Reverses, Reinstates Title VII Discrimination Claim

Title VII permits retaliation claims even when the plaintiff is not the party against whom the initial discrimination was directed, the U.S. Court of Appeals, Third Circuit has ruled, reversing the district court’s dismissal of a lawsuit filed by a white jail captain.


08.27.21

PAGA Claim Survives—Even Where Employee’s Claim Time-Barred

An employee can pursue a Private Attorneys General Act (PAGA) claim despite the fact that her individual claim against the employer is time-barred, a California appellate panel recently determined.