Category Archives: U.S. Supreme Court

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Employer Must Prove “Substantial Increased Costs” Would Result From Religious Accommodation

Groff v. DeJoy, 600 U.S. ___, 143 S. Ct. 2279 (2023) Gerald Groff, an Evangelical Christian, took a mail delivery job with the USPS at a time when postal service employees were was not required to work on Sundays. However, when the USPS began facilitating Sunday deliveries for Amazon, he was called upon to work … Continue Reading

SCOTUS Provides Further Support For Staying PAGA Court Actions Pending Arbitration

By Jonathan Slowik on July 26, 2023 Posted in Arbitration Agreements, California Labor & Employment Law, California Labor Code, PAGA, U.S. Supreme Court, Wage and Hour

With Adolph v. Uber Technologies, Inc. in the books, it is now clear that Private Attorneys General Act (PAGA) plaintiffs do not lose standing to pursue representative claims in court when their individual PAGA claims are sent to arbitration. In Adolph’s wake, disputes may arise regarding whether the representative court action should be stayed pending … Continue Reading

July 2023 California Employment Law Notes

We invite you to review our newly-posted July 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Enforcement of PAGA Carve Out Suggests Need For New Revisions To Arbitration Agreements PAGA Debt Not Dischargeable in Bankruptcy Distributors Not Liable For Unpaid Wages Of … Continue Reading

Enforcement of PAGA Carve Out Suggests Need For New Revisions To Arbitration Agreements

By Tony Oncidi on July 18, 2023 Posted in Arbitration Agreements, California Labor & Employment Law, California Supreme Court, FAA, PAGA, Supreme Court, U.S. Supreme Court

Duran v. EmployBridge Holding Co., 92 Cal. App. 5th 59 (2023) 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’ lawyers scrambled to make their cases … Continue Reading

The U.S. Supreme Court Says PAGA Representative Action Waivers Are Enforceable After All

By Tony Oncidi, Kate Gold, Philippe A. Lebel and Dylan K. Tedford on June 24, 2022 Posted in Arbitration Agreements, California Labor & Employment Law, FAA, PAGA, U.S. Supreme Court

On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme Court’s central holding in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014), that actions brought … Continue Reading

Supreme Court Hears Oral Argument in Advance of Major Ruling on the Arbitrability of PAGA Claims

By Kate Gold, Philippe A. Lebel and Dylan K. Tedford on April 5, 2022 Posted in Arbitration Agreements, California Labor & Employment Law, PAGA, U.S. Supreme Court

Last week, the United States Supreme Court heard oral argument in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022). The case addresses whether the Federal Arbitration Act (“FAA”) requires the enforcement of bilateral arbitration agreements that preclude an employee from bringing claims under the Private Attorneys General Act (“PAGA”) on a … Continue Reading

March 2022 California Employment Law Notes

We invite you to review our newly-posted March 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: California Relaxes Standard For Proving Whistleblower Claims At-Will Employee Can Proceed With Labor Code § 970 Claim Doctor Proved Age/Race/Gender Discrimination Former Owner of Company Is … Continue Reading

OSHA’s COVID-19 Vaccine Mandate Exceeded Its Statutory Authority

By Tony Oncidi on March 17, 2022 Posted in Coronavirus, COVID-19, U.S. Department of Labor, U.S. Supreme Court, Workplace Safety

National Fed’n of Indep. Bus. v. OSHA, 595 U.S. ___, 142 S. Ct. 661 (2022) The United States Secretary of Labor, acting through the Occupational Safety and Health Administration, enacted a vaccine mandate that would have required employers with at least 100 employees to require their employees (approximately 84 million workers) to receive a COVID-19 … Continue Reading

Good Tidings for the Holidays! The U.S. Supreme Court Finally Will Review (and May Bury) PAGA’s Anti-Arbitration Rule

By Tony Oncidi and Philippe A. Lebel on December 20, 2021 Posted in PAGA, U.S. Supreme Court, Wage and Hour

While the California Supreme Court has repeatedly upheld arbitration agreements with class action waivers (as they must under the Federal Arbitration Act), in a now infamous (and controversial) decision from 2014, the court held that an arbitration agreement could not include an enforceable waiver of an employee’s right to bring a “representative” action under the … Continue Reading

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