In response to the wave of #MeToo sexual harassment claims, New York passed New York Law, N.Y. C.P.L.R. § 7515 (“Section 7515”), which prohibits the use of mandatory arbitration clauses to resolve any allegation or claim of an unlawful discriminatory practice of sexual harassment.
For now California employers are faced with extremely challenging decisions about whether or not they should try to enforce an arbitration agreement covering PAGA claims.
Employers should review their arbitration agreements to determine whether it is advantageous to attempt litigation of PAGA claims in arbitration.
California-based employers and out-of-state employers with employees in California should immediately review their policies, procedures, and practices to ensure compliance with the new laws, most of which will be effective January 1, 2017.
California’s Private Attorneys General Act of 2004 (PAGA) permits an “aggrieved employee” to bring a private right of action against an employer to recover civil penalties for specifically enumerated violations of the California Labor Code. See Cal.
The California Chamber of Commerce has released its 2015 preliminary list of “job killer” bills. The list focuses on proposed measures currently pending before the California legislature that, if passed into law, the Chamber believes would have a negative impact on California’s job climate and economic recovery. (more…) ...