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Joel P. KellyBlog Posts

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California Supreme Court Rejects Claim for Unpaid Wages under PAGA

Putting an end to employees’ backdoor attempts to recover unpaid wages in Private Attorneys General Act-only actions under California Labor Code Section 558, the California Supreme Court has ruled against allowing such claims. ZB, N.A., et al. v. Superior Court, No. S246711 (Sept. 12, 2019). This is surprising, as the Court provided this much-needed guidance...… Continue Reading The post California Supreme Court Rejects Claim for Unpaid Wages under PAGA appeared first on California Workplace Law Blog.
September 16, 2019

To Successfully Oppose Class Certification, You Have To Do The CSI

Six years after the California Supreme Court’s landmark decision in Brinker v. Superior Court (2012) 53 Cal. 4th 1004, virtually every California employer understands the rules concerning an employer’s obligations regarding meal periods.  The court gave California employers a “Big Win,” ruling that employers need only provide and not ensure meal periods.  Less publicized was...… Continue Reading The post To Successfully Oppose Class Certification, You Have To Do The <em>CSI</em> appeared first on California Workplace Law Blog.
October 23, 2018

California: What Happens In Mediation Stays (Confidential) In Mediation

An amendment to Section 1122 of the California Evidence Code on mediation confidentiality requires attorneys representing clients in connection with mediation to provide written disclosures to their clients about mediation confidentiality beginning January 1, 2019. California law and public policy provide that all communications that take place in anticipation of and at mediation are confidential....… Continue Reading The post California: What Happens In Mediation Stays (Confidential) In Mediation appeared first on California Workplace Law Blog.
September 13, 2018

California Non-Compete Law Renders Surgeon Settlement Agreement Unenforceable

Answering a question left from a previous appeal in the same case, a divided panel of the U.S. Court of Appeals for the Ninth Circuit has concluded that a settlement agreement provision between a physician and his former employer, the California Emergency Physicians Medical Group (“CEP”), constituted a “restraint of a substantial character” on the...… Continue Reading The post California Non-Compete Law Renders Surgeon Settlement Agreement Unenforceable appeared first on Non-Compete and Trade Secrets Report.
August 20, 2018

High Court Rules Against California’s Prohibition of Class Action Waivers in Arbitration Agreements

Continuing to uphold the enforcement of arbitration agreements, the U.S. Supreme Court has struck down the California courts’ refusal to enforce class action waivers in consumer arbitration agreements on the ground that the state law is preempted by the Federal Arbitration Act. AT&T Mobility LLC v. Concepcion, No. 09-893 (Apr. 27, 2011). The ruling would appear … Continue reading High Court Rules Against California’s Prohibition of Class Action Waivers in Arbitration Agreements
April 27, 2011