Starting January 1, 2025, California employees will gain important new protections under the California Worker Freedom from Employer Intimidation Act (SB 399). This groundbreaking legislation safeguards employees’ right to maintain professional boundaries with their employers around religious and…
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Unpacking Arbitration Agreements: Perhaps not as Binding as Your Employer Wants you to Think
In a recent opinion by a California Court of Appeal, Jenkins v. Dermatology Management, LLC, the court affirmed that certain arbitration agreements can be deemed unenforceable when they are found to be unconscionable. This ruling serves as a crucial reminder…
The Importance of Carefully Reviewing the Facts Recited in Severance Agreements in California
In addition to reviewing the rights an employee may be waiving by signing a severance agreement, it is also important to scrutinize the statements of fact included in the contract. While it may be tempting treat recitals or other factual…
Paleny v. Fireplace Products U.S.: Clarifying FEHA’s Approach to Pregnancy Protections
Erika Paleny v. Fireplace Products U.S., Inc. highlights how the California Fair Employment and Housing Act (FEHA) defines and protects pregnancy-related medical conditions. The Court of Appeal ruled that elective egg retrieval procedures without an underlying medical condition do not…
Untimely Tesla: How Missed Fee Payments Can Impact Arbitration Agreements
In the case of Dominique Keeton v. Tesla, Inc., the Court of Appeal ruled that Tesla’s failure to pay arbitration fees on time breached its arbitration agreement, allowing an employee to pursue her claims in court. The decision emphasizes the…
Governor Newsom and Legislative Leaders Announce PAGA Reform Agreement
California’s labor landscape is set to change significantly with a new agreement to reform the Private Attorneys General Act (PAGA). The reforms include capping penalties for employers who promptly rectify issues, imposing higher penalties for malicious violations, increasing the portion…
It's in the Handbook: Employee Acknowledgements in Arbitration Agreements
In Ramirez v. Golden Queen Mining, the Court of Appeal examined the enforceability of arbitration agreements within employment contracts, emphasizing how crucial it is for employers to ensure that arbitration agreements are properly presented, explained, and signed to withstand legal…
How the FAA Preempts California Law in Arbitration: Insights from Hernandez v. Sohnen
The California Court of Appeal’s decision in Hernandez v. Sohnen Enterprises clarifies that the FAA preempts California Code of Civil Procedure Section 1281.97, which allows employees to withdraw from arbitration if the employer fails to pay fees on time, when…
PAGA Update: What You Need to Know About Arbitrating Individual Claims
The Private Attorneys General Act (PAGA) grants California employees the authority to pursue civil penalties for labor violations. The recent Ninth Circuit case, Johnson v. Lowe’s Home Centers, LLC (2024), underscores that employees may be compelled to arbitrate individual PAGA…
Understanding Religious Discrimination Under Title VII and FEHA: Lessons from Ronald Hittle v. City of Stockton
The case of Ronald Hittle v. City of Stockton illustrates the importance of adhering to Title VII and FEHA guidelines to prevent religious discrimination in employment, highlighting the necessity for employers to provide legitimate, nondiscriminatory reasons for termination.