Insights

April 28, 2019 by Jeffrey S. Sloan

SCOTUS Rules Employees Cannot Band Together in Class Arbitrations

In yet another split 5-4 decision, the U.S. Supreme Court ruled in Lamps Plus v. Varela that employees at a California business could not band together in a class-wide arbitration. Instead, the Supreme Court ruled, each employee was required to proceed independently in an individual arbitration. The Supreme... READ MORE

April 15, 2019 by Jeffrey S. Sloan

One Day, Two Opposite Results in Arbitration Cases

On the same day, two different California appellate courts reached opposite conclusions as to whether an employer’s arbitration agreement was enforceable or not. Subcontracting Concepts v. DeMelo — Arbitration Agreement Void and Unenforceable In one case, Subcontracting Concepts, LLC v. DeMelo, the Court found that the arbitration agreement was both... READ MORE

April 11, 2019 by Jeffrey S. Sloan

Employers Catch a Break on Wage Statement Requirements

Under California Labor Code §226(a), California employers are required to provide wage statements to employees that contain 9 different pieces of information. One of the requirements is that the wage statement must show “the name and address of the legal entity that is the employer.” Given the statute’s use... READ MORE

March 29, 2019 by Jeffrey S. Sloan

An Employee’s Single PAGA Claim Cannot Be Split into Arbitration and Litigation Pieces

Back in 2014, the California Supreme Court ruled in Iskanian v. CLS Transportation Los Angeles that an individual employee who has signed a mandatory arbitration agreement may be compelled to arbitrate his “individual damages claims.” However, if that employee joins a representative PAGA claim to his other damages claims, that... READ MORE

March 21, 2019 by Jeffrey S. Sloan

Incentive Compensation Systems Negatively Impact Employee Mental Health?

In a first-of-its-kind academic study that looked at both employee compensation and medical records, researchers at Washington University found that employee health and wellness declines as the employer shifts compensation towards bonuses and other incentive and performance-based compensation systems. In particular, the study showed that, as an employer... READ MORE

February 28, 2019 by Jeffrey S. Sloan

Employee’s “Imprecise” Memory is Sufficient if Employer Fails to Keep Records

In Furry v. East Bay Publishing, the California Court of Appeal held that an employee’s “imprecise” memory is sufficient evidence to support his claim for wages and overtime owed when the employer fails to keep accurate records of the employee’s work hours. The employer in Furry did not keep... READ MORE

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