Employment Law

Embark on a comprehensive journey through the multifaceted domain of Employment Law with the strategic insight of a mediator. These articles encompass a broad spectrum of workplace regulations and rights, tackling diverse topics from discrimination and workplace safety to employee benefits and contract negotiations. I navigate the subtleties of complex legal frameworks and offer mediation-driven pathways to conflict resolution. Stay abreast of the ever-evolving field of Employment Law with thorough analysis and forward-thinking solutions.

California employment law paga

California Employment Law: Navigating the Debate Over PAGA

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 […]

Fee-Shifting Provisions in Arbitration Agreements

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

Lowes court rules paga can proceed despite arbitration clauses

Court Upholds Right to Pursue PAGA Claims Despite Arbitration Agreements

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

Quach v. California Commerce Club: Arbitration in Employment Law

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

Mediation When a Defendant Claims Insolvency

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

The Growth in Wage and Hour Class Actions

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

US Supreme Court to Rule on Arbitration Stays in Wage-and-Hour Cases

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

Navigating Remote Work Laws in Los Angeles

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

Balancing Rest Breaks and Bag Checks: Insights from Miles

The recent ruling in the Ninth Circuit Court of Appeals case, Ariana Miles v. Kirkland’s Stores, Inc. (2024), makes clear that plaintiff employees seeking to certify a class under FRCP 23 on an alleged facially violative policy are not guaranteed success. Instead, the Ninth Circuit made clear that of relevance to the analysis is whether

Meal and Rest Break Compliance: Recent Developments and Legal Implications

Understanding meal and rest break laws is crucial for employers and employees alike. Recent legal developments have placed a spotlight on the importance of adhering to these regulations. This blog post provides a basic overview of federal and state mandates and discusses a recent court ruling that could impact damage calculations in wage and hour

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