In this episode of California Employment NewsLukas Clary and Meagan Bainbridge discuss the U.S. Supreme Court decision in Viking River Cruises, Inc. v Moriana holding that the Federal Arbitration Act (FAA) preempts the California law precluding division of individual and non-individual Private Attorneys General Act (PAGA) actions for purposes of compelling arbitration. Not

The long-awaited decision by the US Supreme Court in Viking River Cruises, Inc. v. Moriana was issued on June 15, 2022, and brings some good news for California employers. The issue before the court was whether the Federal Arbitration Act (FAA) preempts a rule of California law that invalidates contractual waivers (e.g. arbitration agreements) of the right to assert representative claims under California’s Private Attorneys General Act (PAGA).
Continue Reading CA Employers: Good News from the US Supreme Court PAGA Actions May Be Subject to Arbitration After All

In this episode of California Employment NewsLukas Clary and Meagan Bainbridge discuss steps that employers can take to comply with employee records requests, while also mitigating the risk of potential workplace violation claims.

Watch this episode on the Weintraub YouTube channel, here.

Assembly Bill (“AB”) 2069 was introduced by the California Assembly on February 7, 2018. Currently, California employers can deny employment or impose discipline on cannabis users, regardless of whether such use is for medical purposes. AB 2069 would amend the Fair Employment and Housing Act (“FEHA”) to make it an unlawful practice for an employer to take adverse action against an applicant or employee because of a positive drug test for cannabis (by a medical cannabis card holder) or because of one’s status as a medical cannabis card holder.
Continue Reading Medical Cannabis Users May Soon be Protected Under FEHA – AB 2069

Equal pay claims just got a lotLucas Clary 02_web tougher to defend in California.  Last month, Governor Jerry Brown signed SB 358, a new law which aims to curb a statewide pay disparity between men and women.  The law, dubbed the California Fair Pay Act, goes into effect on January 1, 2016 and requires immediate, affirmative assessment by most California employers. 

Overview of the California Fair Pay Act. 

Current law already requires California employers to pay men and women the same wage for performing equal work in the same establishment.  The new law broadens that requirement.  It removes the term “equal work” and replaces it with “substantially similar work.”  This means work that is substantially similar when viewed as “a composite of skill, effort, and responsibility, and performed under similar working conditions.”  The new law also removes the “same establishment” requirement, meaning that employees can now bring equal pay claims by showing the employer paid an opposite sex employee at a different location higher wages for substantially similar work.
Continue Reading California’s New Equal Pay Laws Promise to Bring More Litigation