- Written by Gregory Blueford
Last week, a United States Appeals Court heard oral arguments regarding the National Labor Relations Board’s (“NLRB”) expanded definition of joint employer in the Browning-Ferris case. In that case, the NLRB expanded its previous standard, which required “direct and immediate control” over terms and conditions of employment to be considered a joint employer, to a more lax rule of “indirect control.” You can read more about the NLRB’s joint employer rule here and here.
- Written by Rebecca Hause-Schultz
This month, the Ninth Circuit Court of Appeals (“9th Circuit”) held that claims made pursuant to the Private Attorney General Act (“PAGA”) may be compelled to arbitration. In a PAGA claim, a Plaintiff steps into the shoes of the Attorney General and seeks to recover civil penalties for Labor Code violations on behalf of the State. In Valdez v. Terminix, Plaintiff signed an arbitration agreement as part of his employment with Defendant. Defendant sought to compel Plaintiff’s PAGA claim to arbitration, as the parties agreed to arbitrate all claims relating to Plaintiffs employment relationship with the Company. Defendant did not contend that Plaintiff had waived his right to bring a representative PAGA claim altogether, just that the PAGA claim should be resolved in arbitration.