Another Nail in the Coffin for Employment Arbitration Agreements…

Another Nail in the Coffin for Employment Arbitration Agreements: Gentry is Good Law in Cases Where the FAA Does Not Apply to the Dispute By Jennifer Suberlak and Jenna Leyton-Jones In Garrido v. Air Liquide Industrial U.S. L.P., a California Court of Appeal determined that the rule set forth in Gentry v. Superior Court (2007) […]

Wisteria Lane Retaliation Claim Revived on Appeal: Desperate Housewife Not Required to Exhaust Administrative Remedies

By Shannon Finley and Jenna Leyton-Jones In Sheridan v. Touchstone Television Productions, LLC, a California appellate court held that a plaintiff is not required to exhaust administrative remedies for alleged violations of section 6310 et seq. of the California Labor Code (“section 6310”), which prohibits retaliation against employees for complaining about unsafe working conditions. Defendant […]

California Court of Appeal Instructs Trial Court to Re-Examine Its Denial of Class Certification

By Ryan Nell and Jenna Leyton-Jones In Alberts v. Aurora Behavioral Health Care, a group of former employees (collectively, “Plaintiffs”) of two acute care psychiatric hospitals filed a representative action against the operator of the hospitals, Aurora Behavioral Health Care (“Aurora”). Plaintiffs alleged multiple wage and hour claims, focusing on Aurora’s purported denial of meal periods, […]

Employer Successfully Challenges PAGA Claim Based on Insufficient Notice Letter

By Christine Mueller The Ninth Circuit Court of Appeals (“Ninth Circuit”) dismissed an employee’s Private Attorneys General Act (“PAGA”) claim because the plaintiff failed to comply with the PAGA’s notice requirements. In Alcantar v. Hobart Service et al., the plaintiff filed a class action lawsuit against his employer alleging that he was not compensated for […]

Governor Signs Bill Allowing Employers to Avoid Certain PAGA Claims

By Jennifer Lutz On October 2, 2015, Governor Jerry Brown signed AB 1506 (Hernandez) into law. The bill, which amends sections 2699, 2699.3, and 2699.5 of the Labor Code (which encompasses the Private Attorneys General Act (“PAGA”)) took effect immediately upon the Governor’s signature. PAGA allows an employee to file a representative action against an employer for […]

Ninth Circuit Gives a Thumbs-Up to the California Supreme Court, Holds the Iskanian Decision Is Not Preempted by Federal Law

By Jennifer Suberlak and Jenna Leyton-Jones In Sakkab v. Luxottica Retail North America, Inc., No. 13-55184 (9th Cir. Sept. 28, 2015), the Ninth Circuit Court of Appeals held that a waiver of the plaintiff’s representative Private Attorneys’ General Act (“PAGA”) claim could not be enforced. Plaintiff Shukri Sakkab (“Sakkab”) filed a wage and hour class […]

Employment Attorney Christine Mueller Published in The Daily Transcript

Managing Worker’s Compensation Leaves of Absence By Christine Mueller, Esq.; Employment Attorney Pettit Kohn Ingrassia & Lutz March 30, 2015 Companies are facing increasing costs of workers’ compensation insurance, as well as increasing administrative obligations in handling employee leaves of absence due to workplace injuries. Generally, employers must provide a workers’ compensation leave of absence […]

Jennifer Weidinger Published in Los Angeles Lawyer Magazine

Pettit Kohn employment and retail litigation attorney Jennifer Weidinger discusses when you can and should file a protective order. When and How to File a Motion for a Protective Order Los Angeles Lawyer Magazine  February 2015 DISCOVERY ALLOWS PARTIES to focus on the issues in dispute, facilitates dispositive pretrial motions, permits meaningful settlement negotiations, and prepares the […]

Article by David Halm: The Future Ain’t What It Used To Be…

The Future Ain’t What It Used To Be 1- Semiconductor Manufacturer May Be Liable For Employee’s Future Child’s Birth Defects May. 9, 2014 It seems there is just no end in sight to lawsuits against companies due to their employees’ exposure to toxic substances in the workplace. On January 27, 2014, a California appeals court […]

A New Twist Complicating the Challenge of Assessing Lost Earnings Damages in Employment Suits

By Grant Waterkotte It is no secret: California is viewed as perhaps the most employer unfriendly litigation forum in the Union. So long as California remains the eighth largest economy in the world, there will be no shortage of employers providing the legal system with ample opportunities to demonstrate this. Naturally, employers seek to prevent […]