• High-Frequency and Vexatious Filers: § 17415(a)(2) addresses “documented instances of some attorneys filing  PAGA notices that are based on
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In an anticipated move, the National Labor Relations Board (the “NLRB”) formally reinstated its 2020 rule that controls when an employer is deemed a joint employer under the labor law.  This rulemaking does not change the standard that the NLRB currently applies to determine joint employer status because of prior litigation before a federal judge.  However, the rulemaking may settle—at least for the near future—…

Despite the simple and catchy sound-bites, the “no tax on tips” and “no tax on overtime” opportunities under the One Big Beautiful Bill Act (the “OBBBA”) have limits and require administration by both employers and employees. Most significantly, the tax savings are in the form of deductions, rather than exclusions, which means that tips and overtime are still subject to FICA and other employment taxes…

Barely a month into 2026, and a California jury has delivered another massive verdict in an employment case, awarding $52 million to five former employees following a whistleblower retaliation trial in Los Angeles. (Williams et al. v. Sysco Riverside, Inc.)

The plaintiffs, primarily drivers and yard personnel, worked for a global foodservice distributor. They alleged that they raised concerns during their employment regarding…

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”)  has dramatically altered the arbitration landscape for workplace harassment claims—but not without creating deep uncertainty.  This newly-published article, co-authored by Proskauer Rose LLP’s Tony Oncidi, examines how the statute’s imprecise drafting has fueled years of court battles over the EFAA’s scope, timing, and application.  It also explores competing perspectives: calls from plaintiffs’…

A new California law imposes significant new registration and reporting requirements on a broad range of asset management firms. Although the statute is styled as a “venture capital” law, its expansive definitions and California nexus provisions mean that many firms that do not traditionally view themselves as venture capital companies may nevertheless be subject to its requirements. Meet the new “Fair Investment Practices by Venture…

  • LaCour v. Marshalls of CA, LLC, 2025 WL 3731034 (Cal. Ct. App. 2025) (Arbitration agreement that existed before Viking River Cruises, Inc. v. Moriana, 596 U.S. 639 (2022) could not result in compelled arbitration of employee’s “individual PAGA claim” because that concept did not exist prior to Viking River opinion).
  • Brown v. Dave & Buster’s of Cal., Inc. 116 Cal. App. 5th
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VIP Mortg. Inc. v. Gates, 162 F.4th 1010 (9th Cir. 2025)

The district court confirmed an arbitration award in favor of Jennifer Gates under the Fair Labor Standards Act and Arizona state law, and denied VIP Mortgage’s petition to vacate the award of unpaid overtime wages, attorneys’ fees and liquidated damages. The Ninth Circuit affirmed the district court’s orders. VIP contended the…

Wise v. Tesla Motors, Inc., 2025 WL 3707196 (Cal. Ct. App. 2025)

Talia Shayla Alexis Wise sued her former employer (Tesla) for disability discrimination and related claims. In response, Tesla filed a motion to compel arbitration, which the trial court denied after determining that the arbitration agreement should be read together with a nondisclosure agreement (NDA), which contained unconscionable terms that permeated the arbitration…