After being plagued for two decades with claims brought under the California Private Attorneys General Act (“PAGA”), recent reforms mean employers may now see a decrease in (though not an elimination of) such claims. PAGA authorizes aggrieved employees to bring a civil action against an employer to recover penalties on behalf of themselves and other employees. Continue Reading PAGA Reform May Curb Appetite for Litigation
California Legislature Eighty-Six’s “Junk Fee Ban,” But Relief May Be Temporary
On the eve of the July 1, 2024 deadline for businesses to comply with California’s so-called junk fee ban (“SB 478”), Governor Gavin Newsom signed into law SB 1524, which allows restaurants, bars, and other food services businesses that sell directly to consumers to continue using surcharges so long as such fees are “clearly and conspicuously” displayed.Continue Reading California Legislature Eighty-Six’s “Junk Fee Ban,” But Relief May Be Temporary
California’s FAST Act to go, But NLRB Delivers a New Joint-Employer Rule
Franchisors have long grappled with evolving and inconsistent standards for determining when a joint-employer relationship exists such that a franchisor can be liable for labor and employment law claims even when it does not exercise direct control over its franchisees.Continue Reading California’s FAST Act to go, But NLRB Delivers a New Joint-Employer Rule
SCOTUS Implies It May 86 “Tester” Standing
In Acheson Hotels, LLC v. Laufer, the Supreme Court was set to consider whether a consumer could sue hotels whose websites failed to state whether they have accessible rooms for the disabled as required by the ADA, even if the consumer did not intend to visit the hotel.Continue Reading SCOTUS Implies It May 86 “Tester” Standing