On April 24, 2019, the U.S. Supreme Court in Lamps Plus, Inc. v. Varela held that judges may compel class action arbitration only where the parties have expressly agreed to do so in their arbitration agreement. Reversing a decision of the Ninth Circuit Court of...
Advising And Defending Businesses
Month: April 2021
What You Need to Know About the Families First Coronavirus Response Act
Material for the webinar presented by Rediger Labor Law for the Capital Region Family Business Center on April 13, 2020 entitled, “What Your Family Business Needs to Know About The Families First Coronavirus Response Act” is available to our clients...
Employer Pay Practices and Recent Expansions of the California Fair Pay Act
The California Fair Pay Act (“CFPA”) requires equal pay for men and women doing substantially similar work. As of January 1, 2017, Senate Bill 1063 and Assembly Bill 1676 amended the CFPA and expanded its scope. SB 1063 requires equal pay for employees of...
Employer Prevails in Background Check Class Action Under the FCRA
On April 15, 2019, a California court of appeal in an unpublished decision in Culberson v. Walt Disney Parks and Resorts affirmed a summary judgment in favor of an employer in a class action lawsuit alleging willful violations of the federal Fair Credit Reporting Act....
\PAGA Lawsuit Challenging Information Listed on Employees’ Pay Stubs Dismissed
On April 10, 2019, a court of appeal in Savea v. YRC Inc. affirmed a lower court’s dismissal of a lawsuit brought under the Private Attorneys General Act (PAGA) by an employee on behalf of himself and as an “aggrieved employee” that alleged that the employer’s wage...
Requiring an Employee to Verify His Immigration Status as a Condition to Reinstate His Employment Would Violate California Public Policy
In Santillan v. USA Waste, Inc. (“USA Waste”), a 53-year old garbage truck driver sued his employer of 32 years for age discrimination and retaliation. Santillan had an exemplary employment record. He was rarely disciplined during his first 30 years at USA...
Broadly Worded Arbitration Agreement for Employment Claims Can Apply Retroactively
On March 25, 2019, a court of appeal published its decision in Salgado v. Carrows Restaurants, Inc., reversing a trial court’s order denying the employer’s motion to compel arbitration. The Salgado court held that the arbitration agreement the plaintiff had signed on...
Trial Court May Not Split PAGA Claim and Send Individual Wage Claims to Arbitration
On March 28, 2019, a court of appeal in Zakaryan v. The Men’s Warehouse, Inc. affirmed a trial court’s order denying the employer’s motion to compel arbitration of a lawsuit alleging a violation the Private Attorneys General Act of 2004 (PAGA). A former manager of The...