SUTTON | HAGUE

When the U.S. Supreme Court published its decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022) in June 2022 (read our blog here) holding that individual claims under California’s Private Attorneys General Act (“PAGA”) must be arbitrated if a valid arbitration agreement between the parties exists, it left several unanswered questions. One of these questions is […]

On February 15, 2023, a divided US Court of Appeals for the Ninth Circuit panel held that the Federal Arbitration Act (“FAA”) preempts California’s Assembly Bill 51 (“AB 51”), a 2019 measure that prohibited employers from requiring job applicants or workers to sign arbitration pacts. The 9th Circuit’s ruling means that it is lawful for most employers to require employees […]

There are three major recent developments that affect California workplace arbitration agreements. The first is the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” a federal law which prohibits employers from enforcing pre-dispute agreements that require arbitration of sexual assault and harassment claims. The second development is the U.S. Supreme Court’s June 15, 2022 decision in […]

Recently the United States Supreme Court in a held that California employers may include provisions in their arbitration agreements that require employees to bring only individual PAGA claims in separate arbitrations, rather than as a group in one case. In this new podcast recording, SHLC Attorneys Brett Sutton and Jared Hague discuss this important new case and its implications for […]

Important changes are on the horizon for the National Labor Relations Board (NLRB) that would have an enormous impact on union elections in the US.   Employers who want to remain union free need to understand these changes and adopt a more proactive approach to educating their workforce. In a podcast posted on CalNevaLaw Podcast posted on April 23, 2022, SHLC […]

On May 23, 2022, after a nearly two-and-a-half year wait, the California Supreme Court issued its decision in the case of Naranjo v. Spectrum Security Services, Inc. The decision answers a very important question for California employers: May a California employee pursue so-called “paystub penalties” and “waiting time penalties” due to a failure to pay or report meal and/or rest […]

On March 3, 2022, President Biden signed H.R. 4445, known as the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” H.R. 4445 amends the Federal Arbitration Act to bar pre-dispute arbitration agreements of claims alleging sexual assault or sexual harassment, and includes a bar against any waivers of the right to bring such claims jointly and/or […]

As discussed in our prior blog, Governor Newsom signed SB 114 into law, which requires California employers with 26 or more employees to provide up to 80 hours of supplemental paid sick leave for qualifying COVID-19-related reasons (“2022 SPSL”). Among the requirements of SB 114 is the requirement to post a notice in the workplace or distribute it electronically such […]

On February 9, 2022, Governor Newsom signed SB 114 into law, which requires California employers with 26 or more employees to provide up to 80 hours of supplemental paid sick leave for qualifying COVID-19-related reasons (“2022 SPSL”). The obligation to provide the new paid sick leave begins on February 19, 2022. As before, employers must also provide retroactive pay from January […]

On October 1, 2021, new provisions took effect within NRS 613.195, Nevada’s primary statute governing the enforceability of employee covenants not to compete. The new provisions—that result from the passage of Assembly Bill 47—have changed the legal landscape with respect to non-compete agreements, and have left many employers wondering whether they can continue to use and enforce these agreements with […]