- 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.
- Written by Anthony Oceguera
Most employers are aware that Federal and State law require that they provide reasonable accommodation to employees with disabilities. However, employers frequently fail to realize just how employee-friendly the laws relating to reasonable accommodation are, and end up making personnel decisions that expose them to potential liability. A recent California Court of Appeal decision, Atkins v. City of Los Angeles, serves as an important reminder of why it is critical that employers carefully consider their options when responding to requests for accommodation.