Blog: The California Workplace Advisor

California employers scored an important win last week when the California Court of Appeal enforced an employee’s “standing” prospective meal period waiver. That decision, in Bradsbery v. Vicar Operating, Inc., confirmed that meal periods for shifts between five and six hours can be “waived by mutual consent” even in a prospective (i.e., forward-looking) waiver. Procedural…

In a dramatic victory for employers, California’s Private Attorneys General Act (PAGA) is expected to be reformed this week. The reform, expected to be signed into law this week, has the potential to severely limit employers’ exposure so long as they take “reasonable steps” to address Labor Code issues proactively. This reform has the potential…

Last week, the California Supreme Court issued a highly anticipated decision in Estrada v. Royalty Carpet Mills, Inc., finding that trial courts cannot strike claims under the Private Attorneys General Act of 2004 (PAGA) due to concerns about their “manageability.” Since PAGA was enacted twenty years ago, there has been a massive surge in lawsuits…

Last week, the California Supreme Court issued its long-awaited decision in Adolph v. Uber Technologies, Inc. to determine the effect of arbitration agreements on claims for penalties brought by employees under the Private Attorneys General Act of 2004 (PAGA). Unfortunately, this ruling does not offer employers one clear-cut way to deal with these disputes. For…

In recent years, the California Legislature has limited the use of non-disparagement and confidentiality provisions in severance agreements. For example, non-disparagement provisions in California must now include a disclaimer clarifying that employees are still permitted to discuss allegedly unlawful conduct they experienced in the workplace and confidentiality provisions are prohibited in cases where an employee…