A recent California Court of Appeal decision, Hearn v. Pacific Gas & Electric Co. (2025) 108 Cal.App.5th 301, offers valuable guidance for employers and third-party investigators involved in drafting workplace investigation reports. The case highlights that retaliation and defamation claims can arise from the contents of an internal report—even when it is not shared outside […]
Arbitration agreements, particularly those containing a class action waiver, are a powerful tool for employers seeking to efficiently manage employment disputes. A recent California appellate court ruling, Velarde v. Monroe Operations, LLC, highlights the importance to employers of properly managing the distribution of such agreements to employees to ensure their enforceability. Arbitration Agreement Presented During […]
When an employee is hired, they are required to sign and acknowledge their understanding of, and agreement to, a number of important policies that become a part of the employment relationship. This often includes an arbitration agreement and waiver of class actions. The review and execution of these agreements is treated by some as a […]
A recent court decision brings encouraging news for employers. In Gonzalez v. Nowhere Beverly Hills LLC, the court determined that employees cannot avoid contractual arbitration with companies who are related to their employer, such as subsidiaries or affiliates, if their claims are closely linked to their employment with the entity with which they signed an […]
California’s Private Attorneys General Act (PAGA) allows aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees and the state of California for Labor Code violations. Private employers are well aware of the substantial increase in PAGA litigation that cost businesses across California billions of dollars. But can aggrieved employees […]
As has been widely publicized, emergency legislation has been passed to reform the Private Attorneys General Act of 2004 (“PAGA”). As most California employers know, PAGA allows an individual employee to collect civil penalties on behalf of the state for alleged Labor Code violations. The reform legislation consists of two bills signed into law on […]
Arbitration agreements represent a critical tool for employers aiming to circumvent the protracted and costly litigation of employee disputes in civil courts. However, recent judicial scrutiny in California necessitates meticulous drafting to ensure the legality of these agreements. In a recently published appellate decision, Cook v. University of Southern California (USC), et al., the court […]
Many California employers have adopted arbitration agreements to resolve their workplace disputes. Such agreements are enforceable in California so long as their terms are substantively fair. To ensure enforceability, the agreement must include certain procedural protections for employees, and must not waive an employee’s rights to assert individual statutory and common law employment claims, including […]