Contract Disputes
PAGA – Where We Are Today
In this edition, we delve into a crucial piece of legislation impacting California employers—the Private Attorneys General Act (“PAGA”)—and recent changes to the law. What is PAGA? PAGA allows employees to sue their employers for labor code violations. Essentially, it deputizes employees to enforce labor laws that the Labor and Workforce Development Agency (“LWDA”) might…
Read MoreUnderstanding Independent Contractors in California Post-AB5
The landscape for independent contractors in California has significantly changed following the enactment of Assembly Bill 5 (AB5). AB5, which went into effect on January 1, 2020, codified and expanded the “ABC test” to determine whether a worker is classified as an independent contractor or an employee. This article provides a refresher on the ABC…
Read MoreSCOTUS: Employment Law & Healthcare Law Updates in 2024
Last November, we sent a newsletter previewing certain cases before the Supreme Court. Specifically, we summarized the matters most likely to “directly impact the employment law or healthcare law sectors on a day-to-day basis.” Well, the results are now in—let’s take a look at how things shook out and what impact the decisions could have. …
Read MoreUntimely Payment of Arbitrator’s Fees Can Result in Severe Consequences
Today, we’re highlighting three recent cases that address an essential aspect of arbitration proceedings: the timely payment of the arbitrator’s fees. These cases are a cautionary tale, because failing to pay on time can result in severe consequences, including losing your right to arbitrate at all. Paying versus Mailing Doe v. Superior Court (2023) 95…
Read MoreRecent Ruling Clarifies Arbitration Agreements Covering Sexual-Harassment Claims
The California Court of Appeal recently issued a ruling in Kader v. Southern California Medical Center, Inc. that clarified the scope of arbitration agreements addressing sexual-harassment claims. First, let’s review the dates—because the timing matters in this new case and for employers with arbitration agreements. The employee, Kader, and the employer, Southern California Medical Center, Inc., initially…
Read MoreCalifornia Adopts a Federal-Court-Style Initial-Disclosure Law
Most of our updates focus on substantive changes to the law impacting employers and those in healthcare. This update is for you, too, but it looks at a new procedural change should you be in litigation. In the next few days, we anticipate seeing our first wave of “initial disclosures” now required in most new…
Read MoreFriendly Reminder Regarding February 14 Deadline for Non-Compete Notices
This is just a friendly reminder to ensure you were aware of the February 14, 2024, deadline regarding non-compete notices. As we outline in our prior newsletter, California Assembly Bill 1076 requires employers to provide notices to current and former employees (hired after January 1, 2022) if their contracts contain non-compete clauses or if the…
Read MorePrepare to Provide Details of Proof for Onboarding Documents, Arbitration, and E-Signatures
With e-signatures becoming ubiquitous for employers, we want to alert employers using electronic on-boarding processes about a recent Federal district court case in California: Zamudio v. Aerotek, Inc.. Employee Denies She Signed Arbitration Agreement A staffing agency, Aerotek, placed Zamudio with Caterpillar, Inc. in California. In 2019, Zamudio signed the onboarding documents through an electronic…
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