The California Private Attorneys General Act (“PAGA”) is set to undergo a significant overhaul, the first since its enactment nearly two decades ago. On June 18, 2024, Governor Gavin Newsom announced that an agreement was reached between business and labor groups to reform PAGA. The agreement comes on the heels of the looming June 27, 2024 deadline to remove a PAGA proposition from the November 5, 2024 ballot. The agreement, if passed by California’s state legislature, would overhaul several aspects of PAGA and withdraw a ballot measure that would have repealed PAGA’s statutory scheme altogether. Continue Reading Will PAGA Be Reformed?
Elizabeth N. Hall
Elizabeth N. Hall is a Shareholder in the firm’s Labor and Employment practice area and serves as the Chicago office chair of the firm's women's affinity group, "Women at Vedder Empowering Success" (WAVES).
Ms. Hall represents a wide range of employers before state and federal courts and administrative agencies, as well as in arbitral forums, defending them against various claims, including single plaintiff and class allegations of employment discrimination, failure to accommodate disabilities, sexual harassment, wrongful and retaliatory discharge, breach of contract and violations of the FMLA and wage and hour laws. Ms. Hall has successfully argued procedural and employment discrimination issues in the U.S. Court of Appeals for the Seventh Circuit and has particular expertise in managing electronic discovery teams in complex litigation.
A significant portion of Ms. Hall’s daily practice involves providing practical advice to employers regarding risk management; effective employee discipline and discharge; conducting workplace investigations; accommodating disabilities and pregnancy; workplace violence; managing leaves of absence and complying with FMLA and state leave requirements; workforce reductions; drafting and reviewing employment, recruitment and staffing agreements; policy and handbook development; wage and hour compliance; and state and federal employment laws. She frequently trains clients and employer groups on many of these topics. Ms. Hall also has extensive experience drafting and negotiating severance, settlement and conciliation agreements on behalf of employer clients.
In 2017 and 2018, Ms. Hall was recommended by The Legal 500 United States for the Labor and Employment Disputes (including collective actions): Defense category. In 2018, she was named to the Crain’s Custom Media “Chicago Notable Women Lawyers” list. She also was selected as an Emerging Lawyer, an affiliate of Leading Lawyers, from 2015 to 2019. From 2010 to 2015, Ms. Hall was selected for inclusion as an Illinois Rising Star, and Super Lawyers named her one of the “Top Women Attorneys in Illinois” in the “Rising Star” category in 2013 and 2014.
Delivering the Goods: The Exemption from Arbitration Focuses on the Worker, Not the Industry
On April 12, 2024, the U.S. Supreme Court, in a unanimous decision, held that transportation workers need not work in the transportation industry to be exempt from coverage under section 1 of the Federal Arbitration Act (“FAA”). Bissonnette, et al. v. LePage Bakeries Park St., LLC, et al., No. 23-51. (See here.) The Court found the determining factor to be the nature of the employee’s work for the company, not what the company does generally. Continue Reading Delivering the Goods: The Exemption from Arbitration Focuses on the Worker, Not the Industry
Trying to Reconcile the Tension between the Federal Arbitration Act and Adolph
In Johnson v. Lowe’s Home Centers, LLC, the Ninth Circuit sided with the California Supreme Court’s ruling in Adolph v. Uber Techs. Inc., 14 Cal. 5th 1104 (2023), and held that the district court was correct to send the individual plaintiff’s Private Attorneys General Act (“PAGA”) claims to arbitration, but reversed the dismissal of the representative PAGA claims, holding they must remain in court. Although whether PAGA representative claims should remain in court after the plaintiff has been compelled to arbitrate his or her individual claims remains unsettled under the Federal Arbitration Action (“FAA”), and ultimately will be decided by the U.S. Supreme Court, the Ninth Circuit ruling wasn’t particularly surprising. What is more interesting is the concurrence by Judge Kenneth Lee, who noted some tension between the FAA and Adolph. Continue Reading Trying to Reconcile the Tension between the Federal Arbitration Act and Adolph
California Increases Requirements for Paid Sick Leave
On October 4, 2023, Governor Gavin Newsom signed SB 616, amending California’s statewide paid sick and safe leave law. Effective January 1, 2024, this amendment increases paid leave hours for employees and accrual amounts and provides some protections for employees covered by certain collective bargaining agreements. Continue Reading California Increases Requirements for Paid Sick Leave
California Fast Food Workers Look Forward to Pay Increases
With the assistance of California governor Gavin Newsom, fast food companies that supported a referendum to reverse the 2022 Fast Food Accountability and Standards Recovery Act (“AB 257”) struck a deal with several labor unions, including the Service Employees International Union, to revise some of AB 257’s most controversial provisions. In exchange for an agreement on this new bill (“AB 1228”), fast food companies agreed to withdraw the referendum that was set for a vote in 2024.Continue Reading California Fast Food Workers Look Forward to Pay Increases
DOL Returns to Prior Davis-Bacon Act Wage Definition for Construction Industry
Continuing with the White House’s push to revamp the employment landscape, the Department of Labor’s (“DOL”) proposed regulations for federally funded construction projects will return to the definition of “prevailing wage” that was last used in 1983. The agency’s proposed changes to the regulations that implement the Davis-Bacon Act are intended to speed up prevailing wage updates and will increase wages for construction workers over time.Continue Reading DOL Returns to Prior Davis-Bacon Act Wage Definition for Construction Industry
The California Supreme Court Sets Viking River Cruise Decision Adrift
As we predicted (here), employees can be compelled to individually arbitrate their Labor Code claims under the Private Attorneys General Act of 2004 (“PAGA”), but an arbitration agreement that prohibits employees from bringing a representative action on behalf of other employees in court violates California public policy. In Adolph v. Uber Technologies, Inc., S274671 (July 17, 2023) (“Adolph”), the California Supreme Court analyzed whether an employee retained standing to bring a PAGA action on behalf of other aggrieved employees despite the existence of a valid arbitration agreement requiring arbitration of the employee’s individual PAGA claims. The Court answered with an unequivocal and unanimous “yes.” Continue Reading The California Supreme Court Sets Viking River Cruise Decision Adrift
Chicago Updates Its “Ban the Box” Rule to Limit an Employer’s Consideration of Conviction Records
The City of Chicago recently updated its existing “Ban the Box” Ordinance to further limit an employer’s ability to consider conviction records of both new and current employees. With the new amendments, employers covered by the Ordinance who wish to review conviction records must engage in an individualized assessment, provide pre-adverse and final adverse action notices, and include additional language to the notices regarding the right to file a claim.Continue Reading Chicago Updates Its “Ban the Box” Rule to Limit an Employer’s Consideration of Conviction Records
Possible Bias in AI Selectivity? EEOC Issues Guidance on Use of Artificial Intelligence in Employment Selection Procedures
The recent advancements in Artificial Intelligence (AI) and the emergence of ChatGPT have opened up new possibilities for employers to enhance efficiency and reduce human error. But with these advances comes potential risk. Acknowledging the advent of the use of AI in the workplace, the Equal Employment Opportunity Commission (EEOC) launched its Artificial Intelligence and Algorithmic Fairness Initiative in late 2021. On May 18, 2023, the EEOC released a technical assistance document addressing the use of AI by employers when making employment decisions such as hiring, promotion, and firing. Continue Reading Possible Bias in AI Selectivity? EEOC Issues Guidance on Use of Artificial Intelligence in Employment Selection Procedures
New EEOC COVID-19 Updates
May 11, 2023 marked the end of the two federal COVID-19 Emergency Orders. To address the announced end of the COVID-19 Public Health Emergency Orders, on May 15, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued key updates to its COVID-19 technical assistance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”Continue Reading New EEOC COVID-19 Updates