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Articles by Daniel McQueen
Fifth District Limits Cook Decision, Bolstering Enforceability Of Employment Arbitration Agreements In California
ArentFox Schiff are most popular: within Insurance, Real Estate and Construction and Strategy topic(s) with readers working within the Banking & Credit, Healthcare and Pharmaceuticals & BioTech industries California employers can breathe a sigh of relief. On March 17, the Fifth District Court of Appeal issued a significant, published decision in Ayala-Ventura v. Superior Court that is likely to maintain enforceability of employee arbitration agreements in the state.
Fifth District Limits Cook Decision, Bolstering Enforceability of Employment Arbitration Agreements in California
California employers can breathe a sigh of relief. On March 17, the Fifth District Court of Appeal issued a significant, published decision in Ayala-Ventura v. Superior Court that is likely to maintain enforceability of employee arbitration agreements in the state. Employers have long relied on arbitration agreements as a valuable tool for resolving workplace disputes in a more efficient and cost-effective manner than possible with traditional litigation.
Fifth District Limits Cook Decision, Bolstering Enforceability of Employment Arbitration Agreements in California
California employers can breathe a sigh of relief. On March 17, the Fifth District Court of Appeal issued a significant, published decision in Ayala-Ventura v. Superior Court that is likely to maintain enforceability of employee arbitration agreements in the state. Employers have long relied on arbitration agreements as a valuable tool for resolving workplace disputes in a more efficient and cost-effective manner than possible with traditional litigation.
Fifth District Limits Cook Decision, Bolstering Enforceability of Employment Arbitration Agreements in California
On Employers have long relied on arbitration agreements as a valuable tool for resolving workplace disputes in a more efficient and cost-effective manner than possible with traditional litigation. However, the enforceability of arbitration agreements was challenged by a 2024 decision in Cook v. University of Southern California from California’s Second District Court of Appeal, leading employers to question the viability of their existing agreements.
Social learning theories and metabolic health: the centenary of Bandura's birth
100 years ago, on Dec 4, 1925, Albert Bandura was born in a small rural Canadian town with limited educational resources. Encouraged by parents who valued education, he developed a remarkable motivation for self-learning and would go on to become one of the most influential social–cognitive psychologists of all time.1 Bandura's work, particularly his focus on observational learning and the concept of self-efficacy, offers a valuable perspective on the epidemic rise of metabolic disease.
Hohenshelt v. Superior Court Confirms California Arbitration Fee Law Survives FAA Preemption Challenge | JD Supra
On August 11, the California Supreme Court issued a significant decision in Hohenshelt v. Superior Court addressing the interplay between the Federal Arbitration Act (FAA) and California’s statutory requirements for timely payment of arbitration fees in employment and consumer disputes.
Hohenshelt v. Superior Court Confirms California Arbitration Fee Law Survives FAA Preemption Challenge
On The court held that California Code of Civil Procedure section 1281.98, which governs the payment of arbitration fees, is not preempted by the FAA, provided it is construed to allow relief for good faith mistakes, inadvertence, or excusable neglect. The dispute in Hohenshelt arose after Dana Hohenshelt’s employer failed to timely pay arbitration fees in an ongoing employment arbitration with his former employee.
CA Court Limits PAGA Claims to Timely Individual Violations
A California Court of Appeal recently held that an employee bringing a claim under the Private Attorneys General Act (PAGA) must be able to allege that he personally suffered a Labor Code violation within the applicable one-year statute of limitations period. Williams v. Alacrity Solutions Group, LLC, 2025 WL 1165248, at *1 (Cal. Ct. App., Apr. 22, 2025, No. B335445). This case furthers the recent trend against “headless” representative PAGA claims.
Prospective Written Meal Period Waivers Survive, California Court Affirms Enforceability | JD Supra
The California Court of Appeal recently issued a significant decision affirming that employers and employees may mutually agree, in writing, to prospectively waive the employee’s meal period for shifts between five and six hours. The ruling in Bradsbery v. Vicar Operating, Inc. confirms that such waivers are enforceable under California Labor Code section 512 and the relevant Industrial Welfare Commission (IWC) Wage Orders, provided certain conditions are met.
Prospective Written Meal Period Waivers Survive, California Court Affirms Enforceability
The ruling in Bradsbery v. Vicar Operating, Inc. confirms that such waivers are enforceable under California Labor Code section 512 and the relevant Industrial Welfare Commission (IWC) Wage Orders, provided certain conditions are met. Bradsbery provides much-needed guidance for employers regarding meal period waivers and offers a clear path for compliance.
Arzate v. ACE American Insurance Company: Employer Not Required to Initiate Arbitration in Defense of Itself | JD Supra
On June 18, 2021, a group of ACE American Insurance Company employees filed a class action suit alleging that ACE misclassified them as exempt employees.
Arzate v. ACE American Insurance Company: Employer Not Required to Initiate Arbitration in Defense of Itself
On June 18, 2021, a group of ACE American Insurance Company employees filed a class action suit alleging that ACE misclassified them as exempt employees.
Navigating New DOL Opinion Letters: Implications for Tip Pooling and Coordinating Paid Family Leave Benefits With FMLA Leave | JD Supra
On January 14, the US Department of Labor’s (DOL) Wage and Hour Division (WHD) published two opinion letters, FLSA2025-1, which addresses tip pooling under the Fair Labor Standards Act (FLSA), and FMLA2025-1-A, which provides guidance on how employers may coordinate paid family leave benefits with leave taken under the Family Medical Leave Act (FMLA).
Navigating New DOL Opinion Letters: Implications for Tip Pooling and Coordinating Paid Family Leave Benefits With FMLA Leave
On January 14, the US Department of Labor’s (DOL) Wage and Hour Division (WHD) published two opinion letters, FLSA2025-1, which addresses tip pooling under the Fair Labor Standards Act (FLSA), and FMLA2025-1-A, which provides guidance on how employers may coordinate paid family leave benefits with leave taken under the Family Medical Leave Act (FMLA). In restaurants and other service-based establishments, customer tips are often collected and pooled for employees to share.
The Path & The Practice Podcast Episode 120: Akshay Verna, COO (Spotdraft) [Podcast]
Skip to main content January 24, 2025 Volume XV, Number 24 Legal Analysis. Expertly Written. Quickly Found. Trending News The Path & The Practice Podcast Episode 120: Akshay Verna, COO (Spotdraft) [Podcast] Print Mail Download />i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print X Buffer Flipboard This episode of The Path & The Practice features a conversation with special guest Akshay Verma. Akshay is COO at Spotdraft.
Rodriguez v. Lawrence Equipment, Inc.: Employee Lacks Standing to Pursue Representative PAGA Claim After Loss in Arbitration | JD Supra
In Rodriguez v. Lawrence Equipment, Inc., Case No. B325261 (Nov. 8, 2024), the California Court of Appeal held that an employee who loses their Labor Code claims in an individual arbitration no longer has standing to pursue a claim on behalf of others in court under the Private Attorneys General Act (PAGA). Background Julian Rodriguez began working for Lawrence Equipment, Inc. in 1999. In July 2014, Rodriguez signed an arbitration agreement that required him to arbitrate employment-related disputes.
Rodriguez v. Lawrence Equipment, Inc.: Employee Lacks Standing to Pursue Representative PAGA Claim After Loss in Arbitration
In Rodriguez v. Lawrence Equipment, Inc., Case No. B325261 (Nov. 8, 2024), the California Court of Appeal held that an employee who loses their Labor Code claims in an individual arbitration no longer has standing to pursue a claim on behalf of others in court under the Private Attorneys General Act (PAGA). Julian Rodriguez began working for Lawrence Equipment, Inc. in 1999. In July 2014, Rodriguez signed an arbitration agreement that required him to arbitrate employment-related disputes.
Social Media Creating a Hostile Work Environment: What To Know Following Okonowsky v. Garland | JD Supra
It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and share vacation photos, these sites can also be used to harass, threaten, and harm employees. Misuse of social media among coworkers can create a hostile and toxic work environment that can lead to employer liability if not addressed. In Okonowsky v. Garland, Case No. D.C. 2:21-cv-07581-VAP-AS (Jul.
Governor Newsom Previews Agreement to Reform the PAGA | JD Supra
On June 18, California Governor Gavin Newsom, in conjunction with other legislative, business, and labor leaders, announced a deal to significantly reform California’s Private Attorneys General Act (PAGA). Although details are still being ironed out, the proposed agreement will implement several important changes to the much-maligned law. Notably, if the bill is signed before June 27, a business-backed initiative aimed at reconfiguring PAGA altogether will be removed from the November ballot.
Privacy Tip #402 – CISA Issues Alert About Impersonators
Impersonation schemes are on the rise, and artificial intelligence (including deep fakes and voice cloning) will only make these schemes more difficult to detect. Threat actors are emboldened, evidenced by the fact that the Cybersecurity and Infrastructure Security Agency (CISA) recently published an alert that threat actors are impersonating CISA employees in vishing attacks in order to obtain money.
California Announces Major Reforms to Private Attorneys General A
Skip to main content June 21, 2024 Volume XIV, Number 173 Legal Analysis. Expertly Written. Quickly Found.
In a Rare Win for Employers, the California Supreme Court Holds That Wage Statement Penalties Are Not Available if an Employer Acted in Good Faith | JD Supra
In Naranjo v. Spectrum Security Services, Inc., Case No. S279397 (May 6, 2024), the California Supreme Court held that if an employer reasonably and in good faith believed it was providing a complete and accurate wage statement in compliance with the requirements of Labor Code section 226, then the employer has not “knowingly and intentionally” failed to comply with the law. Under these circumstances, the court found, an employee cannot recover penalties under the statute.
In a Rare Win for Employers, the California Supreme Court Holds That Wage Statement Penalties Are Not Available if an Employer Acted in Good Faith
The plaintiff, Gustavo Naranjo worked as a security guard for the defendant, Spectrum, and was allegedly fired after leaving his post to take a meal break. In response, Naranjo filed a class action lawsuit asserting wage and hour claims, including an allegation that he was owed meal period premiums and issued incorrect wage statements (i.e., paystubs).
What ISPs Need to Know About the FCC’s Title II / Open Internet Order
On May 7, 2024, the FCC released a Declaratory Ruling reclassifying “broadband Internet access service” (“BIAS”) as a “telecommunications service” subject to the jurisdiction of the FCC under Title II of the Communications Act. It was accompanied by an Order removing BIAS from most Title II regulations and a Report and Order applying a set of Open Internet rules to BIAS providers.
In a Rare Win for Employers, the California Supreme Court Holds That Wage Statement Penalties Are Not Available if an Employer Acted in Good Faith
On Background Facts The plaintiff, Gustavo Naranjo worked as a security guard for the defendant, Spectrum, and was allegedly fired after leaving his post to take a meal break. In response, Naranjo filed a class action lawsuit asserting wage and hour claims, including an allegation that he was owed meal period premiums and issued incorrect wage statements (i.e., paystubs).
Huerta v. CSI Electrical Contractors: California Supreme Court Again Clarifies What Counts as Paid Work Time | JD Supra
In Huerta v. CSI Electrical Contractors, Case No. S275431 (Mar. 25, 2024), the California Supreme Court made several holdings relating to when non-exempt employees must be paid, including for time spent undergoing mandatory vehicle searches. Factual Background The facts of Huerta are somewhat unique, and the holdings of the case must be understood, and perhaps limited, based on those facts. At this particular workplace, all employees had their vehicles checked when they arrived at work.
Huerta v. CSI Electrical Contractors: California Supreme Court Again Clarifies What Counts as Paid Work Time
In Huerta v. CSI Electrical Contractors, Case No. S275431 (Mar. 25, 2024), the California Supreme Court made several holdings relating to when non-exempt employees must be paid, including for time spent undergoing mandatory vehicle searches. The facts of Huerta are somewhat unique, and the holdings of the case must be understood, and perhaps limited, based on those facts. At this particular workplace, all employees had their vehicles checked when they arrived at work.
Huerta v. CSI Electrical Contractors: California Supreme Court Again Clarifies What Counts as Paid Work Time
Share This Page Email In Huerta v. CSI Electrical Contractors, Case No. S275431 (Mar. 25, 2024), the California Supreme Court made several holdings relating to when non-exempt employees must be paid, including for time spent undergoing mandatory vehicle searches. Off Factual Background The facts of Huerta are somewhat unique, and the holdings of the case must be understood, and perhaps limited, based on those facts.
Gramajo v. Joe’s Pizza: California Plaintiffs Winning Wage or Overtime Claims Must Receive Some Attorney Fees | JD Supra
In Gramajo v. Joe’s Pizza on Sunset, Inc., Case Nos. B322992/B323024 (Cal. App. Mar. 25, 2024), the California Court of Appeal held that employees who win in court on a claim for minimum or overtime wages must be awarded at least some amount of attorneys’ fees and costs under Labor Code Section 1194. The court found that trial courts lack discretion to completely deny successful employees their attorneys’ fees and costs, even if an employee acted in bad faith in bringing the claim.
Gramajo v. Joe’s Pizza: California Plaintiffs Winning Wage or Overtime Claims Must Receive Some Attorney Fees
In Gramajo v. Joe’s Pizza on Sunset, Inc., Case Nos. B322992/B323024 (Cal. App. Mar. 25, 2024), the California Court of Appeal held that employees who win in court on a claim for minimum or overtime wages must be awarded at least some amount of attorneys’ fees and costs under Labor Code Section 1194. The court found that trial courts lack discretion to completely deny successful employees their attorneys’ fees and costs, even if an employee acted in bad faith in bringing the claim.
Gramajo v. Joe’s Pizza: California Plaintiffs Winning Wage or Overtime Claims Must Receive Some Attorney Fees
Share This Page Email In Gramajo v. Joe’s Pizza on Sunset, Inc., Case Nos. B322992/B323024 (Cal. App. Mar. 25, 2024), the California Court of Appeal held that employees who win in court on a claim for minimum or overtime wages must be awarded at least some amount of attorneys’ fees and costs under Labor Code Section 1194.
Kim v. Tinder, Inc.: Ninth Circuit Finds Named Plaintiff Inadequate for Having Arbitration Agreement While Other Class Members Did Not | JD Supra
In April 2018, Kim sued Tinder in the Central District of California alleging age discrimination. Tinder moved to compel the arbitration of Kim’s claims, which the district court granted and consequently stayed the case pending the outcome of arbitration. Kim appealed the arbitration order, but later reached a settlement with Tinder while the appeal was pending.
Kim v. Tinder, Inc.: Ninth Circuit Finds Named Plaintiff Inadequate for Having Arbitration Agreement While Other Class Members Did Not
In Kim v. Tinder, Inc., No. 22-55345 (9th Cir. Dec. 5, 2023), the Ninth Circuit recently vacated a $5.2 million class action settlement between plaintiff Lisa Kim and Tinder, Inc., finding that Kim was inadequate to represent the class because she had signed an arbitration agreement where others in the class had not. The case alleged that Tinder’s pricing scheme – which charged users older than 29 more than younger users – violated California’s Unruh Civil Rights Act.
New California Law Makes Proving Labor Code Retaliation Claims Easier for Employees | JD Supra
On October 8, California Governor Gavin Newsom signed into law SB 497, the “Equal Pay and Anti-Retaliation Protection Act.” The new law makes it easier for employees to prove retaliation under Labor Code sections 98.6, 1102.5, and 1197.5. Under SB 497, a “rebuttable presumption of retaliation” is established in favor of the employee if an employer takes “adverse employment action” against an employee within 90 days of the employee engaging in protected activity covered by sections 98.6,...
New California Law Makes Proving Labor Code Retaliation Claims Easier for Employees
On October 8, California Governor Gavin Newsom signed into law SB 497, the “Equal Pay and Anti-Retaliation Protection Act.” The new law makes it easier for employees to prove retaliation under Labor Code sections 98.6, 1102.5, and 1197.5. Under SB 497, a “rebuttable presumption of retaliation” is established in favor of the employee if an employer takes “adverse employment action” against an employee within 90 days of the employee engaging in protected activity covered by sections 98.6,...
New California Law Makes Proving Labor Code Retaliation Claims Easier for Employees
On October 8, California Governor Gavin Newsom signed into law SB 497, the “Equal Pay and Anti-Retaliation Protection Act.” The new law makes it easier for employees to prove retaliation under Labor Code sections 98.6, 1102.5, and 1197.5. Off Under SB 497, a “rebuttable presumption of retaliation” is established in favor of the employee if an employer takes “adverse employment action” against an employee within 90 days of the employee engaging in protected activity covered by sections 98.6,...
Five Key Legislative Updates Affecting California Employers in 2024 | JD Supra
California Governor Gavin Newsom signed a flurry of new bills at the end of the legislative session, including numerous bills that will impact employers across various industries across the state. Some of the key changes impacting California employers are described below. Each bill is detailed, and compliance may require guidance from counsel to better understand and implement changes.
Five Key Legislative Updates Affecting California Employers in 2024
California Governor Gavin Newsom signed a flurry of new bills at the end of the legislative session, including numerous bills that will impact employers across various industries across the state. Some of the key changes impacting California employers are described below. Each bill is detailed, and compliance may require guidance from counsel to better understand and implement changes.
Five Key Legislative Updates Affecting California Employers in 2024
Off Some of the key changes impacting California employers are described below. Each bill is detailed, and compliance may require guidance from counsel to better understand and implement changes. Employers are encouraged to reach out to counsel regarding these legislative changes, as many of them take effect January 1, 2024. Governor Newsom signed AB 1228 on September 28, 2023.
Employees Entitled to Greater Paid Sick Leave Benefits Starting in 2024 | JD Supra
Governor Newsom signed SB 616 on October 4, 2023. SB 616 expands California’s sick pay law in several important ways, including by increasing the amount of paid sick leave an employee is entitled to accrue from 24 hours/three days to 40 hours/five days (whichever is greater), increasing the accrual cap on paid sick leave, and extending coverage of the law to employees covered by a qualifying collective bargaining agreement.
Employees Entitled to Greater Paid Sick Leave Benefits Starting in 2024
Skip to main content November 13, 2023 Volume XIII, Number 317 Legal Analysis. Expertly Written. Quickly Found. Trending News Employees Entitled to Greater Paid Sick Leave Benefits Starting in 2024 Print Mail Download i Governor Newsom signed SB 616 on October 4, 2023.
California Passes New Law Raising Minimum Wage for Health Care Workers | JD Supra
On October 13, 2023, California Governor Gavin Newsom signed a first-of-its-kind bill related to an industry-wide minimum wage in California. SB 525 impacts the health care industry and sets a minimum wage schedule that employers in the health care industry must follow. It establishes five categories of health care providers, with the category determining the minimum wage schedule the employer must follow.
California Passes New Law Raising Minimum Wage for Health Care Workers
Skip to main content November 06, 2023 Volume XIII, Number 310 Legal Analysis. Expertly Written. Quickly Found. Trending News California Passes New Law Raising Minimum Wage for Health Care Workers Print Mail Download i On October 13, 2023, California Governor Gavin Newsom signed a first-of-its-kind bill related to an industry-wide minimum wage in California. SB 525 impacts the health care industry and sets a minimum wage schedule that employers in the health care industry must follow.
California Passes New Law Raising Minimum Wage for Health Care Workers
It establishes five categories of health care providers, with the category determining the minimum wage schedule the employer must follow. For example, large health care employers (i.e., those with 10,000 or more full-time employees) must increase their minimum wage for employees to $23/hour beginning June 1, 2024. Thereafter, the minimum wage will increase on a specified schedule.
ArentFox Schiff Adds Trio of Experienced Employment Litigators in Los Angeles
The group brings extensive experience defending employers in complex wage-and-hour class action litigation and against claims arising under the California Private Attorneys General Act (PAGA), among other employment disputes in state and federal courts and before administrative agencies.
Domestic violence is most commonly reciprocal
Hostname: page-component-7fc98996b9-74dff Total loading time: 0 Render date: 2023-03-11T05:12:11.138Z Has data issue: true Feature Flags: { "useRatesEcommerce": false } hasContentIssue true Published online by Cambridge University Press: 02 January 2018 Rights & Permissions[Opens in a new window] Abstract An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page.
Parque de la Memoria visual identity
The Parque de la Memoria – Monumento a las Víctimas del Terrorismo de Estado, also known in English as Remembrance park, is a public space situated in front of the Río de la Plata estuary in Buenos Aires. It is a memorial to the victims of the 1976–83 military regime, a period of unprecedented state-sponsored violence in Argentina. From the official website: Nora Hochbaum is the park’s general director, and Florencia Battiti the main curator.
Psychiatry’s contract with society: what is expected?
Professionalism implies a profession’s contract with society. In this issue of Acta Psychiatrica Scandinavica, Professor Thomas Becker reviews (1) the book ‘Psychiatry’s Contract with Society’ (2). What is it that mental health services users and their carers want? What is the task of psychiatry? How do mental healthcare systems and society’s expectations facilitate or impede good care? Commitment to clinical competence is doctors’ first professional responsibility.
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