In yet another attempt to avoid arbitration agreements, plaintiffs’ lawyers in the wake of the blockbuster court decisions in Viking River Cruises, Inc. v. Moriana and Adolph v. Uber Technologies, Inc. began filing so-called “headless” claims for civil penalties under the Labor Code Private Attorneys General Act (“PAGA”). In such cases, the plaintiff seeks civil penalties for all allegedly aggrieved employees except themself. Thus, these
The future of PAGA continues to look a bit brighter for employers as new favorable case law emerges. We previously reported on Turrieta v. Lyft, Inc. wherein the California Supreme Court ruled that PAGA plaintiffs have no standing to intervene in parallel PAGA lawsuits. We are now happy to report that another “win” for employers has come out of Second Appellate District of the Los
In Arias v. Superior Court, 46 Cal. 4th 969 (2009), the California Supreme Court ruled that Private Attorneys General Act (PAGA) actions need not satisfy class action requirements, and in the fourteen years since, PAGA plaintiffs have routinely (and often successfully) resisted attempts to apply class action principles to PAGA actions. A recent unpublished California Court of Appeal decision bucks that trend by lending
Back in the “good old days,” arbitration agreements barred just about any type of civil litigation that was filed in court. Then, as we reported in 2014, the California Supreme Court determined that Private Attorneys General Act (“PAGA”) claims are immune from arbitration in Iskanian v. CLS Transp. Los Angeles, LLC – which, unsurprisingly, led to an avalanche of PAGA claims being filed as plaintiffs’
Spring in California can only mean one thing, and no, it’s not Coachella, Dodgers games or even the return of the swallows to San Juan Capistrano—it’s the annual release of the California Chamber of Commerce’s list of “Job Killer Bills.”
Once again, this list proves that former California Governor Jerry Brown had it right when he wrote in a legislative veto message: “Not every
In the California Legislature’s latest attack on the fast-food industry, Assemblymember Chris Holden (D-Pasadena) introduced the Fast Food Franchisor Responsibility Act (“AB 1228”). AB 1228 was introduced shortly after a Sacramento County Superior Court judge issued a preliminary injunction to stop the controversial Fast Food Accountability and Standards Recovery Act or “FAST Recovery Act” (AB 257) from taking effect, pending a vote by
On January 1, 2023, the IRS mileage rate increased to 65.5 cents per mile for driving done for business purposes. This is a three (3) cent increase from the rate set for the second half of 2022. According to the IRS, this rate applies “to electric and hybrid-electric automobiles, as well as gasoline and diesel-powered vehicles” and was calculated “based on an annual study
California employers are required to post several notices and distribute various pamphlets informing employees of their employment rights. Effective January 1, 2023, eight (8) out of eighteen (18) of these required notices will be updated. The eight (8) notices that will be updated are the following:
1. California Minimum Wage;
2. Family Care and Medical Leave and Pregnancy Disability Leave;
3. Your Rights and Obligations
On September 5, 2022, Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act or FAST Recovery Act (AB-257). In a breathtaking move, the state government, which is dominated at all levels by union-friendly politicians, will appoint a 10-member Council composed of employees, employers and “union activists” to set the minimum wages and working conditions of fast food workers in the
On July 7, 2022, Mayor Eric Garcetti signed the “Healthcare Workers Minimum Wage Ordinance” (“Ordinance”) which, effective August 13, 2022, increases the minimum wage to $25 per hour for healthcare workers employed at privately-owned healthcare facilities within the City of Los Angeles. Beginning January 1, 2024, the minimum wage will increase annually based on the cost of living.
The purpose of the bill