We invite you to review our newly-posted March 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Dismissal of Representative PAGA Claim Vacated Following Adolph v. Uber Techs.
Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024)
The Ninth Circuit vacated a district court’s dismissal of a former employee’s “non-individual” Private Attorneys General Act (PAGA) claims in the wake of the California Supreme Court’s holding in Adolph v. Uber Techs., Inc., 14 Cal. 5th 1104 (2023). Plaintiff in this case signed a contract with her employer (Lowe’s)
Really, Really Pay Those Arbitration Fees Within 30 Days – Really!
Hohenshelt v. Superior Court, 318 Cal. Rptr. 3d 475 (Cal. Ct. App. 2024)
For the seventh time since they became effective in 2020, the California Court of Appeal has published an opinion holding that Cal. Code Civ. Proc. §§ 1281.97 and 1281.98 truly mean what they say: “[I]f the [arbitration] fees or costs… are not paid [by the employer] within 30 days after the
Courts Are Overwhelmingly Staying Non-Individual Claims When Compelling Individual PAGA Claims to Arbitration
As we wrote previously, last summer’s blockbuster decision in Adolph v. Uber Technologies, Inc., 14 Cal. 5th 1104 (2023) contained a notable silver lining. In ruling that a Private Attorneys General Act (“PAGA”) plaintiff’s “non-individual” claims survive in court even after the “individual” claims are compelled to arbitration, the California Supreme Court strongly suggested that the non-individual claims should be stayed until the
November 2023 California Employment Law Notes
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:
- Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims
- Disability Discrimination Claim Was Properly Dismissed On Summary Judgment
- Employee’s Attorney’s “Pervasive Incivility” Justified $460,000 Reduction In Fees
- Employees Were Properly Awarded $7.2 Million
Once Again, Employer Loses Right To Arbitrate By Failing To Timely Pay Arbitration Fees
Doe v. Superior Court, 95 Cal. App. 5th 346 (2023)
An anonymous employee sued her former employer and former manager, alleging multiple instances of sexual harassment and assault. The former employer successfully compelled the case to arbitration. The deadline for the employer to pay the arbitration fees pursuant to Cal. Code Civ. Proc. § 1281.98(a)(1) was October 3, 2022, but the arbitrator did not
PAGA Plaintiffs May Maintain Representative Claims In Court After Individual Claims Are Compelled To Arbitration
Adolph v. Uber Techs., Inc., 14 Cal. 5th 1104 (2023)
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
September 2023 California Employment Law Notes
We invite you to review our newly-posted September 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
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Employers Owe No Duty Of Care To Prevent The Spread Of COVID To Employees’ Household Members
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School District Employer Did Not Violate The Law By Requiring COVID Vaccination/Weekly Testing
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Employer Must Prove “Substantial Increased
March 2023 California Employment Law Notes
We invite you to review our newly-posted March 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- No Claim By Employee Who Was Friends With Alleged Harasser
- Pregnancy Discrimination Lawsuit Was Properly Dismissed
- Employer That Failed To Layoff Employee Before She Became Disabled May Have Discriminated
- Court Compels Individual But Not
No Arbitration Waiver Where Employer Answered Complaint And Engaged In Limited Discovery
Armstrong v. Michaels Stores, Inc., 59 F.4th 1011 (9th Cir. 2023)
Teresa Armstrong executed an arbitration agreement with her employer Michaels Stores. After filing her claims in state court, Michaels answered, asserting its right to arbitration as an affirmative defense and removing the action to federal district court. The parties then submitted a joint case management statement that referenced as an issue in dispute