CA Employers: Good News from the US Supreme Court PAGA Actions May Be Subject to Arbitration After All

by Lizbeth (Beth) V. West
The Labor & Employment Law Blog

The long-awaited decision by the US Supreme Court in Viking River Cruises, Inc. v. Moriana was issued on June 15, 2022, and brings some good news for California employers. The issue before the court was whether the Federal Arbitration Act (FAA) preempts a rule of California law that invalidates contractual waivers (e.g. arbitration agreements) of the right to assert representative claims under California’s Private Attorneys General Act (PAGA).

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Breaking News – Premium Pay Constitutes Wages!

by Shauna N. Correia, Nikki Mahmoudi
The Labor & Employment Law Blog

We previously advised employers that the California Supreme Court agreed to review the Court of Appeal decision Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), decided by the Second Appellate District in 2019. On May 23, 2022, the California Supreme Court issued its decision, which has significant and immediate impacts on California employers. The key takeaways are:

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Webinar: An In-Depth Look at Attorney-Client Privilege

On Tuesday, June 14, The Litigation Section of the Barristers will present a webinar that aims to provide an in-depth look at attorney-client privilege in employment, white collar, and commercial litigation.

Weintraub shareholder Lizbeth (Beth) V. West will speak at the event, alongside Aviva Gilbert of Farella Braun + Martel and Anna McLean of Sheppard Mullin.

Weintraub attorney Jacqueline Simonovich will moderate the discussion, which will cover:

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No Good Deed Goes Unpunished? Use Lawyers to Avoid Trouble Related to Background Checks

by Brendan J. Begley
The Labor & Employment Law Blog

A precedential decision last week by the California Court of Appeal may leave some employers feeling like no good deed goes unpunished. That decision ruled that a jury would have to decide if an employer willfully violated the Fair Credit Reporting Act (“FRCA”) by letting a non-attorney manager communicate with outside lawyers to ensure that its background checks were in compliance with the FRCA.

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