Employment Litigation

In a move that impacts employer strategies when implementing both mass layoffs and individual terminations, the National Labor Relations Board ("Board") recently held that an employer violates the National Labor Relations Act ("NLRA") when it extends ...
[Read more] about ALERT: NLRB Shakes Up Severance Agreements

More than 5,000 California employers are sued each year for civil penalties under the Labor Code Private Attorneys General Act (“PAGA”). This year promises to be no exception. Already, the state has received notice of hundreds of intended ...
[Read more] about New Year – New PAGA Strategies

Originally published for HR California Virtually all California employers and their employees are aware of workers’ rights to take paid rest breaks during a typical shift — that all nonexempt employees whose total daily work time is at least ...
[Read more] about Must Employers Pay When Employees Claim They’re Too Busy for Rest Breaks?

Many employers are considering adopting or revising workplace arbitration agreements in light of the recent U.S. Supreme Court decision holding that such agreements may limit PAGA claims. Here are answers to some of the most frequently asked ...
[Read more] about Fundamentals of Workplace Arbitration FAQ

New Ruling Heightens Employers’ Duty to “Provide” Suitable Seating California regulations have long declared that California employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of a seat.” But, ...
[Read more] about “Have a Seat” California Employees!

In a closely watched case, the U.S. Supreme Court provided some welcome relief to California employers with arbitration agreements this week. The Court held that arbitration agreements that bar employees from pursuing representative claims under the ...
[Read more] about Supreme Court Hands Employers Important Victory on Private Attorneys General Act (PAGA) Claims

Originally published for HR California A recent Ninth Circuit decision allows a former employee to proceed with her Americans with Disabilities Act (ADA) discrimination claims despite working for an employer with fewer than 15 employees. In this ...
[Read more] about ADA Claims Could Apply to Businesses With Fewer Than 15 Employees