In a recent case, Correia v. NB Baker Electric, Inc., the California Court of Appeal held that employers cannot require employees to arbitrate their representative claims under the California Private Attorney General Act of 2004 (“PAGA”), Labor Code § 2699 et seq., without the State’s consent.
Continue Reading California Appellate Court Says PAGA Claims Can’t Be Compelled To Arbitration Without The State’s Consent
Stephen C. Franz
California Court Holds On-Call Scheduling Means Reporting Time Pay for Employees
The California Second Appellate District has held that retail employees who were required to “call in” two hours before their scheduled shift to find out if they actually needed to report to work were entitled to reporting time pay. …
Continue Reading California Court Holds On-Call Scheduling Means Reporting Time Pay for Employees
California: No Fee Award For Prevailing Employer in FEHA Action Even Where 998 Offer Rejected
By Stephen C. Franz & Roland M. Juarez on
California’s legislature and courts have acted to curb an employer’s ability to recover its fees and costs when it prevails in a lawsuit brought under California’s Fair Employment and Housing Act, even if the plaintiff employee rejected the employer’s Code of Civil Procedure Section 998 offer to compromise.
Continue Reading California: No Fee Award For Prevailing Employer in FEHA Action Even Where 998 Offer Rejected