Prior to the United States Supreme Court’s decision in Viking River Cruises Inc. v. Moriana, California courts did not consider the components of a Private Attorneys General Act (“PAGA”) claim.  In the Viking River opinion, the Court delineated between a “representative PAGA claim” – referring to a PAGA claim based on violations that employees other than the plaintiff had suffered – and an “individual PAGA claim”, which referred to a portion of a PAGA action that is “based on code violations suffered by the plaintiff.”  The California Supreme Court followed ...

Q:      I am a state court receiver in a case that has been disrupted by a bankruptcy filing. The bankruptcy trustee has been threatening to sue me, in the bankruptcy court, for what she claims were negligent actions and to recover alleged preferential transfers. Doesn’t the trustee have to get prior permission from the state receivership court to be able to sue me?

A:      Yes. The Barton Doctrine [ Barton v. Barbour, 104 U.S. 126 (1881) ] provides that a party seeking to sue a receiver must first obtain leave of the appointing court to do so and, absent such leave, no other court has jurisdiction to ...

Tell me if you have heard this one before: ten companies are sued by a former employee as “joint employers”, even though the employee technically worked for, and signed a binding arbitration agreement with, only one of them.  The employers then move to compel arbitration and the employee opposes the motion.  The trial court grants or denies the motion to compel and the losing party (or parties) appeal(s).  If this sounds familiar, it is because there are no less than six published appellate court decisions have come down in recent years that have wrestled with the issue of whether joint ...

The 2025 mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes have increased or remained unchanged from 2024, when rates were last modified. Specifically, as of January 1, 2025, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) are:

• 70 cents per mile driven for business use, up three cents from the rate for 2024;
• 21 cents per mile driven for medical, or moving purposes for active duty members of the Armed Forces, unchanged from the rate for 2024; and
• 14 cents per mile driven in ...

This summer, California passed significant and much-needed legislation reforming the Private Attorneys General Act (PAGA), which permits individual employees to sue employers on behalf of themselves, other employees, and the State of California to recover civil penalties for California Labor Code violations.  If you are passionate about the intricacies of PAGA and wish to spend some quality time on a deep dive into what these changes mean for employers, feel free to check out our previous writing on the subject here.

Additionally, the California Labor & Workforce Development ...

Governor Newsom signed Senate Bill (“SB”) 1350, which expands the definition of employment to include some household domestic employees who work through agencies. SB 1350 will go into effect on July 1, 2025.

Historically, the definition of “employment” for purposes of California’s Occupational Safety and Health Act excluded all household domestic service employees. These employees were therefore not provided with health and safety protections by Cal-OSHA. SB 1350 expands the definition of “employment” to include household domestic service performed on a ...

The Equal Employment Opportunity Commission issued its long-awaited final guidance on harassment claims this year, which went into immediate effect.  Per EEOC Chair Charlotte A. Burrows, the final guidance, the EEOC’s first update on the subject in roughly 25 years, in intended to act as a “comprehensive resource” regarding “best practices for preventing and remedying harassment” as well as clarifying recent legal developments on the subject.

The EEOC is responsible for enforcing federal laws banning discrimination against a worker or job applicant on the basis of a ...

Los Angeles County:

In 2016, the city of Los Angeles passed the Fair Chance Initiative for Hiring Ordinance (FCIHO).  Preempting California’s Fair Chance Act (FCA) by nearly two years, the FCIHO prohibits private employers operating in the city of Los Angeles from inquiring into a job applicant’s criminal history on job applications or postings.  The first instance in which such an inquiry can be made is after a conditional offer of employment is extended.  An employer that wishes to withdraw an offer of employment based on criminal history must first engage in a defined “Fair ...

The trend of increasing minimum wage rates will continue in 2025. We previously reported here the California 2025 state and local minimum wage rate increases.  The federal contractor minimum wage rates will likewise continue on an upward trajectory, as follows: on January 1, 2025, the hourly minimum wage for certain existing federal contracts will increase from $17.20 to $17.75.  This minimum wage rate will apply to both non-tipped and tipped workers, as the lower cash wage that contractors had been permitted to pay tipped workers was eliminated on January 1, 2024.

Covered contracts ...

In 2022, Congress enacted the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (the “Act”) which provides that, at the election of the person alleging conduct constituting a sexual harassment dispute or sexual assault dispute, “no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute.”  (9 U.S.C. § 402, emphasis added).  

In two recent cases, Doe v ...