Federal Appeals Court Strikes Down California’s Ban on Employer/Employee Mandatory Arbitration Agreements

ByHimani Khatter

Yesterday, February 15, 2023, the Ninth Circuit Court of Appeals struck down a California law, AB 51, that prohibited employers from requiring employees to sign an arbitration agreement as a condition of employment or continued employment. The Court ruled that a federal law—known as the Federal Arbitration Act (“FAA”) —preempts AB 51 because AB 51 “stands as an obstacle” to Congress’s “policy of encouraging arbitration.”

Groff v. DeJoy: US Supreme Court to Review “Undue Hardship” Test in Religious Accommodation Requests

Groff v. DeJoy: US Supreme Court to Review “Undue Hardship” Test in Religious Accommodation Requests

ByHimani Khatter

The US Supreme Court is set to consider whether its own definition of “undue hardship” with respect to religious accommodation requests remains valid when it hears the oral argument in Groff v. DeJoy (“Groff”). When analyzing undue hardship, the Court will also consider whether an accommodation that burdens other employees can be said to burden the employer.

USCIS Streamlines Adjudication of Nonimmigrant Dependent Spouses to Secure Work Authorization

ByHimani Khatter

On January 19, 2023, the US Department of Homeland Security reached a settlement in Edakunni v. Mayorkas. The settlement brings in policy changes to the way in which US Citizenship and Immigration Services (“USCIS”) adjudicates extension of status, change of status, and employment authorization applications filed by spouses and children of L-1 and H-1B non-immigrant visa holders, along with the petition filed on behalf of the principal applicant so long as they are concurrently and properly filed.

Regular Rate of Pay

Regular Rate of Pay

ByRishi Bhatt

Employers have probably heard this phrase: “Regular Rate of Pay.” Oftentimes, employers are unsure what this phrase really means, which is unfortunate, as it can be a sore spot for lawsuits against employers. In this video, we will dispel some confusion surrounding this concept and explain why it truly matters for California employers.

California’s New Fast Food Worker Law Put on Hold

California’s New Fast Food Worker Law Put on Hold

ByHimani Khatter

On Friday, January 13, 2023, a Sacramento County Superior Court judge issued a preliminary injunction to prevent the implementation of California’s FAST Recovery Act (the “Act”) (AB 257). The law, which was pending a statewide referendum, would have established a Fast Food Council that would set industry-wide standards for wages, working hours, and other working conditions related to the health and safety of fast food employees. It was set to go into effect at the beginning of this year.