fbpx

Current state of mandatory arbitration agreements in the employment context in California

One Minute Update: In 2019, California passed AB51, prohibiting employers from requiring job applicants or employees to sign a mandatory arbitration agreement as a condition of employment.  AB51 was quickly enjoined by a federal trial court, and, in February 2023, the federal appeals court struck down AB51 as violative of the Federal Arbitration Act.  California still has some avenues left for further appeal (to the full Ninth Circuit or to the U.S. Supreme Court), but it seems unlikely that this recent decision would be overturned if California did so.  Thus, California employers may continue to require mandatory arbitration agreements of its employees if they so desire, at least for now.

Also, in June 2022, the U.S. Supreme Court held in Viking River that individual PAGA claims could be compelled to arbitration if the plaintiff-employee had signed an arbitration agreement with the employer.  The court further held that PAGA plaintiff who had to arbitrate such plaintiff’s individual claims, and who waived arbitration of representative claims, did not have standing to litigate the representative part of the PAGA claims in court after the arbitration of the plaintiff’s individual claims was completed.  However, in February 2023, a California court of appeal disagreed with the U.S. Supreme Court, in Galarsa v. Dolgen California LLC , and held that the plaintiff’s representative PAGA claims could proceed in court after the arbitration of the plaintiff’s individual claims was completed.  This issue will ultimately be decided by the California Supreme Court in the pending case of Adolph v. Uber Technologies, Inc.

Sick Leave – as of Jan 1, 2023

One Minute Update: Effective as of January 1, 2023, AB 1041 amended California’s Paid Sick Leave law to allow an employee to care for a “designated person.”  This term is defined differently than it is in other areas of the law (e.g., in the California Family Rights Act), and means “a person identified by the employee at the time the employee requests paid sick leave.”  The designated person need not be related in any way, nor must the designated person by in a family-equivalent relationship.  An Employer may amend its paid sick leave policy to limit employees to one designated person per 12-month period, if the Employer so chooses.

Webinar/Seminar: Immigration Law For Businesses

Webinar/Seminar: Immigration Law For Businesses

Danielle Gotcher

Guest Speaker

Wednesday, February 15, 2023 : 8:00 am PST – 9:00 am

$35 Early Bird Pricing – Members use your discount codes

Check-In In Person/Breakfast : 7:30 am

Los Robles Greens Golf Course, West Ballroom

299 South Moorpark Road, Thousand Oaks, CA  91361

Zoom : 7:55 am

Link will be provided prior to meeting

PRESENTATION MATERIALS WILL BE SENT ELECTRONICALLY

Topic Description:

This presentation will demystify some of the employment-based visas and make it less “scary” or daunting for employers who have never done immigration before and who may need to embrace it to hire the talent their organizations desperately needs right now. 

Danielle Gotcher, Managing Partner at Global Immigration Partners, has been practicing law since 2005, representing corporate clients, professionals and employers. A graduate of Boston University, she received a Bachelor’s degree in Political Science and a Bachelor’s degree in Communications, both awarded Magna cum Laude. Prior to law school, Danielle was selected to work in the White House, serving in the Office of Communications and Press for Vice President Gore.  She earned her law degree from Southwestern University in Los Angeles, and is admitted to practice law in the State of California as well as the Central District of California.  Before joining Global Immigration Partners (“GIP”), her practice focused on litigation, defending large retail chains, partnerships, insurance companies, employers and professionals against liability claims.  She joined GIP in 2012 and now focuses her advocacy experience and skills on the business immigration needs of her clients.  Danielle specializes in the Labor Certification (PERM) process, employment-based immigrant preference petitions and worksite enforcement (I-9) and compliance issues.  She enjoys and values the relationships she has created with her clients.

 

Seminar/Webinar: We’re In A New Year’s State of Mind – The 2023 Employment Law Update

Seminar/Webinar: We’re In A New Year’s State of Mind – The 2023 Employment Law Update

Jonathan Fraser Light

Guest Speaker

Monday, November 14, 2022 : 8:00 am PST – 11:30 am (Special 1/2 Day Seminar)

Check-In In Person/Breakfast : 7:30 am

Los Robles Greens Golf Course, West Ballroom

299 South Moorpark Road, Thousand Oaks, CA  91361

Zoom : 7:55 am

Link will be provided prior to meeting

PRESENTATION MATERIALS WILL BE SENT ELECTRONICALLY

Staying abreast of new employment law legislation for the upcoming year, as well as the prior year’s cases and administrative opinions impacting future workplace activity, is critical to the employer’s protection.

In this informative program, employment law attorney Jonathan Fraser Light will present the 2023 employment law update. Attendees will receive a detailed handout providing insights into 100+ new laws, regulations, and cases, along with practice tips for employers and human resource professionals.

Jonathan Fraser Light, managing attorney at LightGabler, has more than 30 years of experience in the field of employment law. He is AV­ rated by Martindale Hubbell and has been named as one of Southern California’s “Super Lawyers” for 16 years. Mr. Light and his team members consult with over 1,500 companies throughout California in the private and public sector on their day-to-day employment law needs. He offers employment counsel and training programs to companies of all sizes to reduce liability and protect against lawsuits.

Mr. Light frequently speaks to employer and human resources groups on topics such as avoiding sexual harassment claims, wage and hour issues, business and employment law pitfalls, diversity in the workplace, supervisor strategies, employment law updates, and preparing employee handbooks.