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

Companies that have been wrestling with exactly how to comply with the latest regulations under the California Consumer Privacy Act (“CCPA”) can breathe a sigh of relief after a California state court judge ruled last week that the newest regulations cannot be enforced until March 2024.  If you’re familiar with the changes to the CCPA

Although many cities in the Golden State increased their minimum wage on January 1, 2023, various localities in California will increase their minimum wage on July 1, 2023.  Below is a list of the cities and counties that require an increase in the minimum wage for hourly employees:Continue Reading Employers Face Minimum Wage Increases in Certain Cities and Local Areas

The California Supreme Court heard oral argument today in Adolph (Erik) v. Uber Technologies, Inc., S274671, on the question of whether Private Attorneys’ General Act claims under Labor Code section 2698, et seq. (PAGA) can be brought on behalf of other employees in court despite a plaintiff’s agreement to arbitrate his/her individual PAGA claims. Continue Reading Individual Arbitration Agreements and PAGA Representative Claims—Where Do We Stand Now?