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Articles by Peter Walrod
Will PAGA Be Reformed? | JD Supra
The California Private Attorneys General Act (“PAGA”) is set to undergo a significant overhaul, the first since its enactment nearly two decades ago. On June 18, 2024, Governor Gavin Newsom announced that an agreement was reached between business and labor groups to reform PAGA. The agreement comes on the heels of the looming June 27, 2024 deadline to remove a PAGA proposition from the November 5, 2024 ballot.
The DOL Issues Its Final Independent Contractor Rule
On January 9, 2024, the Department of Labor (DOL) announced a final rule creating the test for independent contractor status under the Fair Labor Standards Act. The final rule marks the rescission of the Trump administration’s more employer-friendly rule and revives the likeness of prior tests that are more likely to classify workers as employees rather than independent contractors.
DOL Issues Final Independent Contractor Rule | JD Supra
On January 9, 2024, the Department of Labor (the “DOL”) promulgated a final rule to define the test for independent contractor status under the Fair Labor Standards Act (the “FLSA”).The rule rescinds the 2021 Trump administration’s more employer-friendly rule, marking the latest swing of the political pendulum.The final rule takes effect on March 11, 2024.
DOL’s Proposed Independent Contractor Rule Would Classify More Workers As Employees
Thursday, October 13, 2022 On October 11, 2022, the Department of Labor (“DOL”) unveiled a proposed rule to define the test for independent contractor status under federal wage and hour law.
DOL’s Proposed Independent Contractor Rule Would Classify More Workers As Employees
On October 11, 2022, the Department of Labor (“DOL”) unveiled a proposed rule to define the test for independent contractor status under federal wage and hour law. The proposed rule is the latest in a series of back-and-forth political maneuverings and seeks to replace a proposed Trump administration regulation that sought to classify workers as independent contractors if they own their own businesses or have the ability to work for competing companies (the “Contractor Rule”).
New Arbitration Rules from California and the US Supreme Court
Employers received some good news regarding Private Attorneys’ General Act (PAGA) cases as the U.S. Supreme Court held that individual PAGA claims can be arbitrated pursuant to a valid arbitration agreement. In Viking River Cruises v. Moriana, No. 20-15735, 596 U.S. __ (2022), eight of the nine justices rejected the California Supreme Court-created rule in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal.
U.S. Supreme Court Rejects Prejudice Element for a Claim of Waiver
Is the right to compel arbitration waived only when the plaintiff can show prejudice from the defendant’s inconsistent actions and delay? In Morgan v. Sundance, Inc., No. 21-328 (2022), the Supreme Court found that the Federal Arbitration Act (“FAA”) does not permit courts to create tests to favor arbitration over litigation, and that a showing of prejudice is not required for a claim of waiver.
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