In employment litigation, it is commonly assumed that plaintiffs (claimants in arbitration) will initiate the demand for arbitration. Yet, the plaintiffs in Arzate v. Ace American Ins. Co., challenged this common practice. ((2025) 108 Cal. App. 5th 1191.)(more…)
2025 employment law
California Appeals Court Confirms Employees Cannot Avoid Their Obligation to Arbitrate By Pursuing a “Representative Only” PAGA Claim
When litigating wage and hour class and representative actions in California there is a tension between an employee’s (and the employee’s attorneys’) wish to sue on behalf of all employees (a class or representative action) and an employer’s wish to resolve disputes with the specific employee who alleges to have been aggrieved (an individual action). There are various tools used by either side in this battle, including California Code of Civil Procedure section 382 (California’s class action requirements), California’s Private Attorneys General Act (“PAGA”) and the Federal Arbitration Act (“FAA”).(more…)
The California Supreme Court Upholds Proposition 22 Ruling — Uber, Lyft and DoorDash Drivers Remain Classified as Independent Contractors
On July 25, 2024, the California Supreme Court upheld Proposition 22 (“Prop. 22”) in a major win for gig-economy companies Uber, Lyft and DoorDash. This ruling marks the end of a multi-year legal battle over Prop. 22 raised by a group of drivers and a major labor union that challenged Prop. 22 as unconstitutional, arguing that it interferes with lawmakers’ authority over matters of workers’ compensation.(more…)
Employment Law Update for 2025
As employers prepare to update their policies and practices for 2025, there are a number of new laws to consider. Unless otherwise noted, the laws discussed below will be effective as of January 1, 2025. (more…)