Workman Law Blog

California Supreme Court Confirms the FAA does not Preempt CCP Section 1281.98

In Hohenshelt v. Superior Court, Case No. S284498 (Decided August 11, 2025), the California Supreme Court held that the Federal Arbitration Act ("FAA"), U.S.C. § 1 et seq., does not preempt California Code of Civil Procedure section 1281… Read More

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Categories: Case News

Ignorance of the Law Alone is Insufficient to establish a Good Faith Defense for the Failure to Pay Minimum Wages

In Iloff v. LaPaille, 2025 WL 2414467 (Aug. 21, 2025), the California Supreme Court clarified the burden on employers when asserting a good faith defense to the failure to pay minimum wages, as allowed by California Labor Code section 119… Read More

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Categories: Case News

Court of Appeal Affirms Aggrieved Employees' Ability to Bring "Headless" PAGA Actions

In CRST Expedited, Inc. v. Superior Court, 2025 WL 1874891 (filed July 7, 2025), the Court of Appeal confirmed that section 2699.3 of the Labor Code Private Attorneys General Act of 2004 (the "PAGA"), which states that any provision of th… Read More

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Categories: Case News

Court of Appeal Confirms that Individual Determination of Damages does not Preclude Class Certification

In Cobos v. National General Ins. Co., et al., 2025 WL 2080748, filed July 1, 2025, although finding that Plaintiffs demonstrated the proposed class was ascertainable and sufficiently numerous, the named Plaintiffs' claims were identical… Read More

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Categories: Case News

Trial Courts Cannot Strike PAGA Claims On Manageability Grounds

Today, the California Supreme Court issued its decision in Estrada v. Royalty Carpet Mills, Inc. In the much anticipated decision, the Court held that trial courts cannot strike claims brought under California's Private Attorneys General… Read More

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Categories: Case News

The NLRB Rejects a Trump-Era Definition of "Employee"

On June 13, 2023, in The Atlanta Opera, Inc. and Make-Up Artists and Hair Stylists Union, Local 798, IATSE, Case 10-RC-276292, the National Labor Relations Board ("the Board") revisited its approach to assessing whether workers are employ… Read More

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Categories: Case News

The Ninth Circuits Narrowly Construes Labor Code section 2810.3, Affirming a Win for Strawberry Marketers

The question in Morales-Garcia v. Better Produce, Inc., et al, __ F. 4th __, 2023 WL 3749314, *3 (2023), was whether strawberry Marketers, who entered into yearly marketing and sublease agreements with Growers, which specified that the la… Read More

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Categories: Case News

Even Though the Ninth Circuit Held that Time Spent Booting Up Computers is Compensable, the De Minimis Rule Still Doomed the FLSA Claims

In Cedena v. Customer Connexx LLC, 51 F.4th 831 (2022), reversing the district court's summary judgment ruling, the Ninth Circuit held that the time spent by call center workers booting up their computers and logging into the time system… Read More

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Categories: Case News

California Supreme Court Confirms The Broad Whistleblower Protections in Labor Code section 1102.5

At least since 2013, California Labor Code section 1102.5 has prohibited employers from retaliating against employees for "disclosing information" concerning suspected violations of law, either internally or to government or law enforcement agenci… Read More

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Categories: Case News

The California Courts of Appeal Reject the Standing Analysis in Viking River Cruises

The California Courts of Appeal uniformly hold that, a plaintiff, whose individual PAGA claims have been sent to arbitration following the United States Supreme Court's decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906, 1… Read More

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Categories: Case News