The Private Attorneys General Act of 2004 (“PAGA”) was intended to allow employees to bring actions on behalf of the State of California against employers who failed to comply with Labor Code sections that were considered underenforced. This well-intentioned goal ultimately became a wrecking ball, tearing down California employers with an onerous penalty scheme that could cripple the average employer.

After a concerted effort to amend the PAGA statute last year via ballot initiative, the California Legislature compromised with California businesses and passed reforms

Since its enactment in 2019, Code of Civil Procedure 1281.98, which governs arbitration fee payments, has been inviolate: arbitrators do not have the unilateral power to extend the fee payment deadline; “checks in the mail” do not satisfy the 30-day payment deadline; there are no extensions based on the date or method by which the invoice was issued; and the Federal Arbitration Act (“FAA”) may not preempt the California Arbitration Act, or the statutory fee payment deadline.

Despite these rulings, employers and their counsel continue to search for some reprieve against ...

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), a federal law, is unique for its role in overriding the policy in favor of the enforcement of arbitration agreements.  The Act was legislated so that victims of sexual assault and harassment in the workplace would be entitled to their day in court, rather than behind the closed doors of a private arbitration, if that is what they prefer.  As such, where the Federal Arbitration Act (“FAA”) applies, so too does the Act.

Recently, however, the California Court of Appeal was posed the ...

Readers of this blog are, by now, aware of California’s judicial and legislative hostility toward arbitration.  Over the last few months, however, employers have seen a surprising number of appellate victories in their respective bids to enforce valid arbitration agreements with their employees.  The recent opinion in Vo v. Technology Credit Union continues this recent trend.

Prior to Vo, it had been well-established that, absent an explicit reference to the California Arbitration Act (“CAA”) which includes provisions providing for discovery in arbitration, an ...