PAGA: The Cousin to Class Action Lawsuits

PAGA: The Cousin to Class Action Lawsuits

California often makes the news headlines. That is no less so with respect to legal affairs. Just recently, the United States Supreme Court heard a matter that should be of utmost interest to employers in the Golden State. The case, known as Viking River Cruises, Inc. v. Moriana (“Viking River”), concerns a law that has beguiled and harassed California employers since its inception in 2004­—a law known as the Private Attorneys General Act of 2004 (“PAGA”).

Terminating Information Technology Service Agreements

Many businesses contract with Information Technology Service companies (“ITS”) to help manage their business internally and to also help manage the business with their external customers. ITS companies assist with the design, build, delivery, operation, and control of information technology. Unfortunately, we have found it is often the case that businesses will contract with an ITS company without carefully reviewing the terms and conditions of their service agreements. Further, businesses do not know what they should be looking for or how to redline (revise) such agreements before they execute them. And if these business relationships go sour, businesses are stuck with an agreement that makes it difficult and costly for them to terminate their ITS contract.

Mandatory Arbitration Agreements Could Change Nationwide

On March 17, 2022, the United States House of Representatives passed the Forced Arbitration Injustice Repeal Act (“FAIR Act”). If enacted into law, the FAIR Act would prohibit businesses from requiring workers and patrons to air disputes against them in arbitration (as opposed to in court). The FAIR Act comes on the heels of a recent anti-arbitration law (i.e., Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act) that President Biden signed this year—a law much narrower in scope than the FAIR Act.

EEOC Updates Religious-Accommodation Guidance for COVID-19 Vaccinations

Even as the COVID-19 pandemic is waning, we continue to receive questions concerning employee objections to COVID-19 vaccinations. Happily, the United States Equal Employment Opportunity Commission (“EEOC”) has issued recent guidance on navigating this thorny area. We review some of the highlights within this post.

Relaxing Mask Restrictions – What Should You Know?

With most states lifting their mask mandates and the omicron-driven wave has started to subside, the Centers for Disease Control and Prevention has begun to change its course on masking guidelines. As of this past Friday, February 25, 2022, the CDC announced a new framework, “COVID-19 Community Level” metrics, to determine whether to recommend masks in a given area.