16 Oct

Limitations on Arbitration Agreements in Employment following OTO, L.L.C. v. Kho and AB 51

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It has been an eventful couple months for arbitration agreements in employment with the California Supreme Court’s ruling in One Toyota of Oakland, OTO, L.L.C. v. Kho (2019) 8 Cal.5th 111 (OTO) and the passage of AB 51. Employers will need to carefully review their arbitration agreements and practices to ensure they are compliant. This article will break down what we learned from OTO and AB 51, and what employers can and cannot do moving …

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16 Oct

PAGA Victory for Employers in the California Supreme Court

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The California Supreme Court issued a monumental opinion that reduces the incentive to bring Private Attorneys General Act (“PAGA”)[1] actions against employers. Employees have been suing under PAGA for civil penalties and unpaid wages to avoid arbitration and class certification. Significantly, the California Supreme Court ruled on September 12, 2019, in ZB N.A. v. Superior Court (Lawson), that employees may no longer seek unpaid wages under PAGA.[2] Because of this ruling, employees who wish to …

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23 Oct

California Bolsters its Sexual Harassment Laws in the Wake of the #MeToo Era

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California Bolsters its Sexual Harassment Laws in the Wake of the #MeToo Era By: Jessica Yang and Natasha Niemeyer California Governor Jerry Brown recently signed into law a number of bills in response to the #MeToo movement that will significantly impact employer obligations and employee rights. This trio of bills makes it easier for employees to bring sexual harassment claims, while at the same time making it more difficult for employers to resolve them and …

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14 Jun

California Supreme Court Tolls Death-Knell on Independent Contractor Classifications

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California Supreme Court Tolls Death-Knell on Independent Contractor Classifications By: Carrie Battilega Luetzow, Special Counsel for Andrews Lagasse Branch + Bell LLP To curtail the number of misclassified independent contractors, the California Supreme Court recently adopted a new test for determining whether a worker is an employee or an independent contractor for purposes of the Califoria wage orders.   In a landmark case, Dynamex Operations West, Inc. v. Superior Court of Los Angeles, No. S222732 …

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13 Jan

2018 Employment Law Update

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Each New Year brings a host of new laws, and 2018 is no exception. There are several laws employers should be aware of. Below we summarize three of the most important changes taking effect in the New Year. New Parent Leave Act Beginning January 1, 2018, employers with at least 20 employees will be required to provide unpaid leave to new parents. (Note that employers with 50+ employees are already required to provide leave for …

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