Labor and Employment Law Section

Code of Civil Procedure §1281.98 provides that if arbitration fees or costs “are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach.” Effective January 1, 2022, the Legislature amended §1281.98 to include a new sentence in subdivision (a)(2): “Any extension of time for the due date shall be agreed upon by all parties.” Hohenshelt’s former employer Read more

Understanding and maintaining wage and hour compliance is vital to ensuring your business adheres with legal requirements while ensuring employees are correctly paid. Read more

An employee signed an arbitration agreement with his employer in the regular course of his employment, without disclosing that he was being subjected to sexual harassment and assault. Read more

Erhart, an internal auditor, copied, transmitted and retained various documents he claimed showed his employer’s possible wrongdoing. Read more

Receive 15% off this Specialty Credits Bundle! Offer ends 01/08/2024 at 11:30 AM. Read more

Earn 9 Hours MCLE; 0.75 Hours Legal Ethics Ethics and .75 Hours Elimination of Bias Credit Hours of MCLE Read more

n awarding attorney fees, a court may apply, in its discretion, a positive or negative multiplier to adjust the lodestar calculation—a reasonable rate times a reasonable number of hours—to account for various factors, including attorney skill. Read more

The decision to terminate an employee under normal circumstances may be stressful, and can be more challenging during a reorganization, layoff or when an employee is engaged in protected activity. Read more

In approximately 2016, I was preparing to transition from Vice-Chair to Chair of the Executive Committee of the Labor and Employment Law Section. At that time, the Sections were still a part of the State Bar of California. A transition to the California Lawyers Association (CLA) was yet to occur but was on the horizon.  Read more

September 2023 Barrera v. Apple American Group LLC (CA1/2 A165445 8/31/23) Post-Adolph PAGA Arbitration  The court reversed in part and affirmed in part the trial court’s order denying defendants’ motion to compel arbitration of claims under the Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.) Based on Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. ___ Read more