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On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macys West Stores, Inc.  In that case, Diaz brought California Private Attorneys General Act (“PAGA”) claims against her former employer.  The district court compelled both Plaintiff’s individual and non-individual PAGA claims to arbitration, reasoning that the arbitration agreement’s broad language must be interpreted to encompass both types of claims.  Macy’s appealed.Continue Reading Ninth Circuit Holds that Non-Individual PAGA Claims Cannot be Compelled to Arbitration Even When the Agreement Only Waives Class or Collective Actions

The recent 9th Circuit opinion in US Chamber of Commerce v. Bonta struck down AB 51, determining that it was preempted by the Federal Arbitration Act. Meagan Bainbridge and Lukas Clary review how this decision impacts the use of mandatory arbitration agreements for California employers in this episode of California Employment News.Continue Reading California Employment News: The State of Mandatory Arbitration Agreements in California Employment

On March 14, 2022, the EEOC released a new technical assistance guidance document entitled “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law.”

Essentially, the guidance reiterates that an employer may not discriminate against an applicant or employee under federal law on the basis of protected classes such sex (including pregnancy, sexual orientation, or gender identity), race, color, religion, national origin, age (40 or older), disability or genetic information.  However, the purpose of the guidance is to illustrate how discrimination on the basis of a protected class can occur, possibly even inadvertently, if employers make assumptions and decisions based on an applicant’s or employee’s caregiving obligations due to the Covid-19 pandemic.
Continue Reading The EEOC’s New Guidance Says Discrimination Against “Caregivers” May Violate Federal Law

UPDATE: Fifth Circuit blocks enforcement of the federal OSHA COVID-19 vaccine/testing mandate.
On November 6, 2021, a panel of the fifth circuit issued a stay against the enforcement of OSHA‘s new emergency temporary standards mandating large employers to require vaccination or testing of their workforce. The court found that there are grave statutory and constitutional issues related to the mandatory emergency temporary standards that need to be addressed.

Continue Reading 5th Circuit Temporarily Blocks OSHA’s New COVID-19 Standards Mandating Employers With 100 or More Employees to Require Vaccination or Regular Testing

It’s October, and that means the 2020-2021 California legislative session has officially ended, and Governor Newsom has signed many new bills into law. As always, several of these new laws affect employers across the state. Over the next several days/weeks, our employment group will ensure that employers are informed and ready to implement the new laws as 2022 approaches.
Continue Reading Legislative Update: Don’t Toss those Personnel Records Just Yet