CDF Labor Law LLP

On Wednesday, a Ninth Circuit panel lifted an injunction that prevented California from enforcing a law that prohibited employers from requiring employees and applicants to arbitrate work-related claims. The case, Chamber of Commerce v. Bonta, will find itself before the U.S. Supreme Court in short order.

In a case of first impression, last week, the Second District California Court of Appeal held that judges have inherent authority to limit, and even strike, unmanageable PAGA claims. Wesson v. Staples the Office Superstore, LLC, No. B302988, affirmed the trial court’s decision to strike PAGA claims alleging that Staples misclassified store managers because Staples’ defense could not be fairly litigated through methods common proof. The published portion of Wesson establishes, for the first time, that individual issues in PAGA claims, including employer’s defenses, must be tried fairly and efficiently. The decision offers a glimmer of hope for employers faced with unwieldy and costly PAGA litigation in the Golden State.

With the rise of multiple COVID variants, FDA approval of at least one vaccine, and now the federal government requiring that private employers mandate vaccinations, COVID-19 continues to infect California employers with a host of compliance hurdles, each one with increased costs, litigation exposure and employee morale concerns.

During this engaging and timely session, Partner and Co-Chair of CDF’s COVID Taskforce, Todd Wulffson, as well as Partner & CDF Blog Editorial Board member, Kimberly Jansen, will review up-to-the-minute compliance obligations, trends and best practices involving return to work, COVID testing/vaccination issues, and much more.

Topics covered during this webinar include:

-New Vaccine Mandates, Exemptions and Mandatory Testing
-State and Local Mask and Distancing Guidance
-Evolving Return-to-Work Issues and Concerns
-Managing Employee Concerns and Complaints
-Industry Best Practices Above and Beyond the New Laws to Reduce Liability and Exposure

Due to the topic, we have scheduled this webinar for one hour and 15 minutes, allotting for a 15-minute Q&A session at the end. Register today to hear how you can stay ahead of the constantly-evolving compliance requirements relating to COVID-19.

Certificates for CA MCLE, HRCI & SHRM pending.

Every court in California relies increasingly on remote video technology since the COVID-19 pandemic effectively closed courtrooms. California’s Judicial Council adopted temporary emergency rules to assist courts providing access to justice during the pandemic. As courts limited in-person hearings, remote proceedings became critical to the facilitation of civil litigation. At the center of these virtual proceedings is Senate Bill (SB) 241, a draft bill authored by Senator Thomas Umberg, D-Santa Ana to authorize:

After six years of litigation, CDF Labor Law LLP’s victory is etched in stone after the California Supreme Court denied review of a Court of Appeal decision that

With a growing number of employers becoming more comfortable with COVID-19 vaccine mandates, combined with this week’s FDA full approval of the Pfizer vaccine, the California Legislature is now discussing a potential bill that would impose a vaccine mandate or regular testing requirement on all private-sector employers. Although nothing has been drafted yet, the legislature is debating whether a mandate should be implemented.

Developments during the COVID-19 pandemic have left a dark cloud of uncertainty for employers in the Golden State, and have led to many new claims under the Private Attorneys General Act (PAGA). This webinar will cover how these developments impact business operations and litigation strategies for California employers as they navigate the rocky PAGA terrain.

CDF’s Partners Corey Cabral, Chair of the firm’s PAGA Litigation Practice Group, and Amy Williams, an experienced PAGA litigator, will discuss how pandemic-related business decisions and new California court opinions have created new PAGA claims and introduced new variables in PAGA litigation.

In particular, the presenters will offer insights on:

– Frequent sources of PAGA lawsuits.
– Liability that may arise from work-from-home arrangements, new compensation/bonus plans, staffing issues, and workplace safety requirements.
– Regular rate, wage statement, meal/rest period premium, and timekeeping requirements addressed in recently published opinions.
– Developing PAGA litigation strategies regarding the plaintiff’s standing, jurisdiction and venue.

This information will assist corporate counsel, California business owners and HR professionals in identifying and addressing potential risks related to these developments, and in implementing strategies for effectively mitigating potential liability.

This week CDF secured a victory for a California Employer when the California Court of Appeal held that the employer’s general California choice-of-law provision in its employment agreement did not entitle the employee to pursue class claims for unpaid wages.