Last term, the United States Supreme Court issued its decision in Viking River Cruises, holding that the Federal Arbitration Act preempts California law prohibiting the arbitration of claims brought under the Private Attorneys General Act of 2004 (“PAGA”). In Viking River, the Supreme Court reasoned that while a plaintiff employee’s representative PAGA claims (that is, claims based on alleged Labor Code violations suffered by other employees) may not be compelled to arbitration, his or her individual PAGA claims (i.e., claims based on alleged Labor Code violations actually suffered by the plaintiff) may be so compelled. Addressing the question of what happens to the representative component of a PAGA claim when the individual PAGA claim is compelled to arbitration, the Supreme Court majority concluded that “[w]hen an employee’s own dispute is pared away from a PAGA action, the employee is no different from a member of the general public, and PAGA does not allow such persons to maintain suit.” Thus, in the Supreme Court majority’s view, an employee whose individual PAGA claim has been compelled to arbitration loses standing to raise representative PAGA claims in court.(more…)
2023 Employment Law
NLRB Prohibits Certain Confidentiality and Non-Disparagement Provisions in Severance Agreements
The National Labor Relations Board (“NLRB” or “Board”) issued a Decision and Order in McLaren Macomb and Local 49 RN Staff Council, Office and Professional Employees, International Union (OPEIU), AFL-CIO, Case 07-CA-263041 (“McLaren”), on February 21, 2023, reversing its position by reinstating prior NLRB precedent finding the use of certain confidentiality and non-disparagement provisions in severance agreements violates the National Labor Relations Act (the “Act”).(more…)
2023 Employment Law Update – New California Statutes to Consider
2023 will bring a variety of new California labor and employment laws that employers will need to stay abreast of as they review and update their policies and practices. This blog spotlights key pieces of legislation that will come into effect in the new year. Unless otherwise stated, the following new laws will take effect January 1, 2023.(more…)