In recent years, the rise in claims under the Private Attorneys General Act (PAGA) has stirred considerable dialogue among employers. This growing dialogue has culminated in the placement of a ballot initiative in this upcoming November election that would repeal PAGA if passed. This is notable not only for its immediate impact on the state’s […]
In a mediation, the opening moves often set the tone for the journey towards resolution. As an employment mediator, I have witnessed firsthand the strategic deployment of high and low opening offers—a tactic as common as it is controversial. Through this lens, I aim to demystify the rationale behind such anchoring strategies, explore their dual-edged
As a mediator specializing in wage and hour disputes and Private Attorneys General Act (PAGA) claims, I frequently encounter arbitration disputes about agreements in the course of my work. A recent case that draws my attention, and should be of interest to both employers and legal practitioners, is Ramirez v. Charter Communications, Inc. This case
The recent decision by the 9th Circuit Court of Appeals in Johnson v. Lowes marks a significant moment in California employment law against the backdrop of federal arbitration laws and the potential for their preclusive effect on representative Private Attorney General Act (“PAGA”) actions. At the heart of this case is the California Supreme Court’s
As an employment mediator specializing in wage and hour and Private Attorneys General Act (PAGA) cases, I’m keenly observing the evolving landscape of employment law in California. A case that has recently caught my attention, and should be on the radar of all involved in employment disputes, is Quach v. California Commerce Club. The California
I am often asked the question as to which I prefer, remote vs. in-person mediation? While I do both, the landscape of mediation has significantly transformed in recent years, especially in my practice as an employment and wage and hour mediator, where over 80% of mediations are now conducted remotely. This shift was first initiated
As a wage and hour mediator, I have run across a number of cases where the defendant-employer’s approach to settlement discussions is largely reliant on the claim that there is no money to recover. This blog post explores the rationale and considerations behind these situations as well as some guidance from my experience as a
In recent years, California has witnessed a significant upsurge in wage and hour class action cases, marking a notable shift in its legal landscape. This trend, which reached record numbers in 2023, can be traced back to various factors, including pivotal rulings by the California Supreme Court, the ongoing impacts of the COVID-19 pandemic, and
Enforceable arbitration agreements have long served as a valuable tool for California employers grappling with wage and hour claims. Their significance has been further underscored by the recent addition of section 801.1 to the California Evidence Code, making it more challenging for employers to introduce expert witness testimony concerning emotional distress damages during trials. This
The surge in remote work, accelerated by the pandemic, has reshaped the work environment in Los Angeles and beyond, introducing a blend of convenience and complexity, especially in managing and compensating remote teams. As businesses adapt to this shift, ensuring compliance with wage and hour laws has become a critical challenge, necessitating a blend of
