On July 13, 2017, the California Supreme Court held that plaintiffs need not demonstrate good cause to discover contact information of other allegedly aggrieved employees in an action brought pursuant to the Private Attorneys’ General Act (“PAGA”).  The Court’s pro-employee decision resolves an issue of first impression concerning the scope of discovery in PAGA cases….

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Category: Class Actions, Wage-Hour,

This week, the U.S. Supreme Court denied certiorari in connection with the California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angleles, LLC.  Had the Court heard the Iskanian case, it was expected to find that representative claims under California’s Private Attorney General Act (PAGA) could be waived by an arbitration agreement, as has…

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Since the 2011 United States Supreme Court decision in AT&T Mobility v. Concepcion, appellate courts have assessed whether arbitration clauses with class action waivers are enforceable.  Concepcion said yes and most courts have followed that precedent.  The Ninth Circuit in Richards v. Ernst & Young on August 21, 2013 also followed the majority of the…

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In case you slept late this morning, you missed a flurry of activity in the world of employment law.  The U.S. Supreme Court issued a trio of decisions which affect workplace relations.  In Vance v. Ball State University, the Court held that a supervisor for purposes of vicarious liability under Title VII is a someone whom…

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When the California Supreme Court issued its landmark decision in Brinker Restaurants a year ago, it was greeted with predictions that it would stem the flow of meal and rest period class action claims.  For the most part, that prediction has proved accurate:  in a majority of cases, the courts have ruled that class treatment…

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Category: Class Actions, Wage-Hour,