Originally published in Law360: “6 Reasons Why Arbitration Offers Equitable Resolutions”
On the 100th anniversary of the Federal Arbitration Act, it is worth recalling that the law was enacted in 1925 in response to what the U.S. Supreme Court later called, in its 2011 opinion in AT&T Mobility v. Concepcion, “widespread judicial hostility” to arbitration.[1]
A century later, arbitration is still controversial, and remains
The California Labor Workforce Development Agency (LWDA) recently refreshed its Frequently Asked Questions (FAQs) regarding Private Attorneys General Act (PAGA) claims processing in light of the recent legislative reforms.
As we reported here, California enacted A.B. 2288 and S.B. 92 this past summer, bringing long-overdue reforms to PAGA. The new legislation applies to PAGA notices and any resulting actions filed on or after June
Miles v. Kirkland’s Stores, 2024 WL 74698 (9th Cir. 2024)
Ariana Miles was employed by Kirkland’s, a chain of home décor stores, from February 2011 to July 2018. She sued her former employer under two theories. First, she alleged that the company unlawfully required its employees to remain in the store during their rest breaks. She also alleged that employees were forced to work
Dominguez v. Better Mortgage Corp., 88 F.4th 782 (9th Cir. 2023)
Underwriter Lorenzo Dominguez filed this putative class and collective action against his former employer, alleging that the company failed to pay proper overtime to him and other similarly situated underwriters. After Dominguez filed the lawsuit, his former employer allegedly attempted to persuade other underwriters at the company not to participate in the
The California Supreme Court has issued its much-anticipated decision in Estrada v. Royalty Carpet Mills, Inc., determining whether Private Attorneys General Act (PAGA) claims can be dismissed as unmanageable. The Court affirmed a lower court’s decision, holding that “trial courts lack inherent authority to strike PAGA claims on manageability grounds”—that is, trial courts may not “dismiss [them] with prejudice.” Slip op. at 1-2. In
We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Karen Hartstein represents a certified class of former Hyatt employees who were laid off after the onset of the COVID-19 pandemic in March 2020. The class alleged that Hyatt violated California law by failing to pay them immediately for their accrued vacation time and by failing to compensate them for the value of the
After months of anticipation, the California Supreme Court answered “yes” to the critical question of whether “aggrieved” PAGA plaintiffs retain their standing to pursue representative claims in court after their individual claims have been compelled to arbitration.
Erik Adolph worked as a driver for Uber, delivering food to customers through Uber’s online platform. As