Orange County Superior Court Judge Peter Wilson just ruled that although a California trade association can challenge the Private Attorneys General Act (“PAGA”) on equal protection grounds, it cannot pursue a claim that PAGA violates due process ...
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Employment Litigation
Medical Leave: How and Why Chipotle Prevailed in a High-Stakes Pregnancy Discrimination Trial
After an eight-day trial, a Southern California jury has decided that Chipotle Mexican Grill did not unlawfully discriminate when it fired a manager after she suffered a miscarriage and failed to return from a 12-week medical leave. The plaintiff ...
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As Private Attorneys General Act Filings Increase, Businesses Intensify and Expand Defense Efforts
The California Private Attorneys General Act, better known as “PAGA,” authorizes individual employees to sue for Labor Code violations on behalf of all their co-workers. They can do this regardless of the number of co-workers, whether they ...
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Overview for ‘19: California’s New Employment Laws
For 2019, California employers should be aware of these new and updated laws.
New Laws
SB 1300 The Sexual Harassment Omnibus Bill
As of January 1, 2019, employers cannot require employees to: release a FEHA claim “in exchange for a raise or ...
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Walmart Agrees to Settle for $65 Million in a PAGA Class Action
Walmart, Inc. has agreed to pay $65 million to end a class action suit with cashiers who claimed that the company violated a California wage order requiring businesses to give certain workers seating and breaks for jobs that require standing. While ...
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Supreme Court Ruling a Win for Employers
In a pivotal decision for employers, the U.S. Supreme Court ruled in the matter of Epic Systems Corp v. Lewis that class action waivers in employment-based arbitration agreements are lawful and enforceable. Previously, the validity of such waivers ...
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The Goings and Comings of Employees: Who Is Liable When Your Employee is Involved in a Traffic Accident?
Imagine this: a construction employee ultimately on his way to a job site is expected by the employer to first come to the company yard and proceed from there, driving a company truck to transport coworkers and materials to the job site. He is paid ...
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California Supreme Court Clarifies the Rule Requiring Employers to Provide One Day of Rest During Each Work Week
The California Supreme Court provided critical guidance this week on how to apply California’s requirement that workers receive one day of rest during each work week. In Mendoza v. Nordstrom, the Court held that the Labor Code requires one day’s rest ...
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