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Cary G. PalmerBlog Posts

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  • Exclusive Concurrent Jurisdiction Applies to Overlapping PAGA Actions

    In a recent decision, the California Court of Appeal held that the doctrine of exclusive concurrent jurisdiction applies to a Private Attorneys General Act (PAGA) representative action in Shaw v. The Superior Court of Contra Costa County. The decision is good news for employers facing overlapping PAGA complaints. Underlying Facts On July 21, 2022, Plaintiff... Continue Reading
    May 10, 2022
  • 9th Circuit Rejects PAGA Objector’s Appeal

    In a recent decision, Peak v. Swift Transportation, the 9th Circuit dismissed an objector’s appeal of the district court’s approval of a Private Attorney General Act (PAGA) settlement. The parties reached a proposed class and PAGA settlement. A truck driver who was not a party to the action, Lawrence Peak (Peak), objected to the PAGA... Continue Reading
    February 15, 2022
  • Proposition to Reform PAGA Approved to Collect Signatures

    Under California’s Private Attorneys General Act (PAGA), an “aggrieved employee” may bring a representative action on behalf of him or herself and other “aggrieved employees” for civil penalties for various violations of the California Labor Code. (Labor Code §§2698, et seq.)  PAGA cases have become increasingly more frequent for various reasons, including the fact that PAGA claims... Continue Reading
    December 14, 2021
  • Federal Arbitration Act Partial Bar on California’s Ban on Mandatory Arbitration Contracts, Court Holds

    The Federal Arbitration Act (FAA) only partially preempts California’s bar on mandatory arbitration agreements in employment, the U.S. Court of Appeals for the Ninth Circuit has held, vacating the preliminary injunction that had been in place since early-2020 and enjoining enforcement of the law with respect to arbitration agreements governed by the FAA. Chamber of Commerce of...
    September 16, 2021
  • The California Trucking Association Petitions U.S. Supreme Court Over AB 5

    In April, the 9th Circuit panel held that the application of California Assembly Bill 5 (AB 5) to motor carriers is not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). The panel found the district court abused its discretion by granting the preliminary injunction. The panel concluded that AB 5 is a... Continue Reading
    August 20, 2021
  • 9th Circuit Permits Enforcement of AB 5 Against Interstate Motor Carriers

    In 2020, a California district court granted a preliminary injunction to prevent enforcement of Assembly Bill 5 (“AB 5”) against motor carriers operating within California. AB 5 codified the judge-made “ABC test” for classifying workers as either employees or independent contractors. The district court concluded, “there is little question that the State of California has... Continue Reading
    April 28, 2021
  • Labor Commissioner Issues COVID-19 Testing and Vaccination Guidance

    20 million Californians have already been vaccinated, with all individuals age 16 and up eligible for vaccination effective April 15th. The Department of Fair Employment and Housing recently released updated COVID-19 guidance, which included guidance on employer vaccination programs. The California Labor Commissioner followed suit and released guidance regarding COVID-19 Testing and Vaccination pertaining to... Continue Reading…
    April 15, 2021
  • Labor Commissioner Issues COVID-19 Testing and Vaccination Guidance

    20 million Californians have already been vaccinated, with all individuals age 16 and up eligible for vaccination effective April 15th. The Department of Fair Employment and Housing recently released updated COVID-19 guidance, which included guidance on employer vaccination programs. The California Labor Commissioner followed suit and released guidance regarding COVID-19 Testing and Vaccination pertaining to... Continue Reading
    April 15, 2021
  • Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Motor Carrier Drivers

    The Federal Motor Carrier Safety Administration (FMCSA), within the federal Department of Transportation, is responsible for regulating commercial motor carrier safety.  In 2018, the FMCSA determined that federal law preempts California’s meal and rest break rules for interstate motor carrier drivers who are subject to the FMCSA’s rest break regulations. The FMCSA regulations apply to... Continue Reading
    January 16, 2021
  • California Supreme Court Cases Employers Should Watch In 2021

    While the California courts were relatively quiet during 2020, the California Supreme Court has a few heavy-hitting employment cases pending for 2021. Here are the cases employers should be watching in the new year and why. Donohue v. AMN Services, LLC AMN Services (“AMN”) used a computer-based timekeeping system, which required employees such as Plaintiff... Continue Reading
    December 15, 2020

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