Newsletters

06.15.22

Supreme Court Delivers a PAGA Win to Employers

Today, the United States Supreme Court issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, regarding California’s ban on Private Attorney General Act representative waivers in employment arbitration agreements.


05.19.22

Court Strikes Down California’s Board Diversity Mandate

California’s first-of-its-kind law mandating diversity on boards of directors was declared unconstitutional by a superior court in April.


05.19.22

California Supreme Court to Consider Employer Liability for Worker’s Wife’s COVID-19

The U.S. Court of Appeals, Ninth Circuit, has certified two questions to the California Supreme Court about the liability of employers when an employee contracts COVID-19 at work and brings the virus home to a spouse.


05.19.22

Regulators Consider Employer Use of AI in Employment Decisions

The legality of the use of artificial intelligence  in employment decision making should be on the radar for employers, as multiple regulators are addressing the issue.


05.19.22

California Legislature Considers Employment-Related Bills

The California legislature has several employment-related bills under consideration, including a law that would prohibit discrimination against marijuana users, another that would provide protections for employees with safety concerns and allow them to leave work without notice, and a measure that ...


04.13.22

EEOC Releases New Guidance on Caregivers

The Equal Employment Opportunity Commission has released new guidance on caregivers, addressing potential issues that could result in discrimination claims against employers based on caregiver responsibilities.


04.13.22

Seventh Circuit Signs Off on Termination After FMLA Leave

An employer with documented evidence of performance issues before an employee took leave under the Family and Medical Leave Act did not run afoul of the statute when it terminated the employee upon her return, the Seventh Circuit Court of Appeals recently held.


04.13.22

Supreme Court Considers Intersection of PAGA and Arbitration

The U.S. Supreme Court considered California’s Private Attorneys General Act recently, debating whether a plaintiff who filed suit under the statute could avoid the mandatory arbitration clause she signed as an employee of a cruise company because she was standing in the shoes of the state ...


03.16.22

Sexual Harassment, Assault Claims No Longer Subject to Arbitration Under FAA

President Joseph Biden has signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, allowing individuals asserting a claim of sexual harassment or assault to file suit in court despite the existence of a predispute arbitration agreement or class or collective action ...


03.16.22

Relation Back Doctrine Can Apply to PAGA Claims

Considering the intersection of the Private Attorneys General Act and the doctrine of relation back, a California appellate panel found that the doctrine can apply to the statute, opening the door to a subsequent employee to move forward with a suit dating back to the date the initial complaint was ...