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Zack is an associate in the firm’s labor and employment practice group. He has litigated on behalf of a broad spectrum of clients, from individuals in business or property disputes to agricultural businesses, restaurants, and banks. He handles a wide variety of matters, including contract and real estate disputes, employment disputes and labor law compliance lawsuits, corporate and partnership dissolutions, trademark and copyright disputes, trade secret cases, administrative hearings and appeals, and writ petitions. His analytical abilities have contributed to victories from temporary injunctive relief to summary judgment.

For those in the Sacramento area, you may have seen large “Destiny” signs overhanging State Route 65 north of Interstate 80. A news story last month suggested that this church is the place to go for COVID-19 vaccine exemption letters. Now that President Biden is planning to use the emergency powers of the Occupational Safety and Health Administration to mandate vaccination for an estimated 100 million employees, the issue is even more prominent.
Continue Reading An Employee Has Requested a Religious Exemption to the Company Vaccine Mandate—What Now?

The U.S. Supreme Court handed down two decisions yesterday that affect religious employers.

In the first, Our Lady of Guadalupe School v. Morrissey-Berru, the Court held that the “so-called ministerial exception” applies more broadly, preventing courts from intervening in disputes between schools “with a religious mission” and any “teacher [entrusted] with the responsibility of

Update as of March 12, 2020: The California Supreme Court reversed the court of appeal, meaning that settling individual claims no longer prevents an employee from having standing to bring a PAGA claim. Because the settlement agreement in Kim explicitly excluded PAGA claims, it remains unclear whether a plaintiff who settles an individual lawsuit would be precluded from later filing a PAGA making the same allegations. The Supreme Court refused to say whether the primary precedent on this point was correctly decided. So, at this point, if you want to be sure you have resolved PAGA liability, you need a court-approved settlement of a PAGA claim seeking the penalties you want absolved.

On December 29, 2017, in Kim v. Reins International California, Inc., the Second District Court of Appeal in Los Angeles ruled that a plaintiff no longer has standing to assert PAGA claims once the plaintiff has settled and dismissed his individual claims against his employer. This decision could have far-reaching implications in PAGA litigation, changing the way both plaintiff’s attorneys and defense attorneys approach PAGA lawsuits.
Continue Reading UPDATE: California Supreme Court Says Settling Individual Labor Code Claims Does Not Kill PAGA Claims