Mollie Burks

CA employers: The recent, unpublished California Court of Appeal decision, Hegemier v. A Better Life Recovery LLC (https://lnkd.in/eUAmFvBm) is a stark reminder to review employee documentation to ensure compliance with the state’s ever-changing legal landscape. In Hegemier, the Court of Appeals held that a provision in an arbitration agreement that excluded from arbitration “claims that are not subject to arbitration under current law” refers to what was excluded as of the date the arbitration agreement was signed. Therefore, even though the US Supreme Court ruled in Viking River Cruises, Inc. v. Moriana (https://lnkd.in/gm7dbKrv) that individual claims under California’s Private Attorneys General Act (PAGA) could be forced into arbitration, because the plaintiff in this case signed the agreement prior to the Supreme Court’s ruling, the Court of Appeals held that the rule in place at the time the employee signed the agreement (prior to that Supreme Court decision) governed. Accordingly, the court held that the employer could not require the employee to bring her PAGA claim in arbitration. Employers in California should review their arbitration agreements (including when they were signed) to ensure that they do not run into similar issues.  #CA #DGPERKS

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In today's #FMG blog, Thomas Livingston discusses the amended California Code of Civil Procedure Section 2016.090 (SB 235). Learn more on how it affects initial disclosure and sanction requirements related to discovery abuse in the link below. #FMGLaw #TortandCatastrophicLoss #CivilProcedure #California https://lnkd.in/ekJvY_sq

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Employers looking to enforce electronically executed arbitration agreements should take a step back and review their policies. The California Court of Appeal recently found that an arbitration agreement electronically executed by an employee was unenforceable because it was both procedurally and substantively unconscionable. Learn more about the case and how you and your clients should respond thanks to the analysis by Rachel Patta Howard of Sheppard Mullin Richter & Hampton LLP: https://lnkd.in/dzSf_-Xh #employmentlaw #Californialaw #arbitration #arbitrationagreements

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Gordon & Rees welcomes E. Todd Trumper as a Partner in the firm's San Diego office. He joins the Employment Law practice group. Read the full announcement below: #employmentlaw #employmentlawyer #californialawyer #law #legal #lawfirm #grsm #gordonrees #your50statepartner

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In its 2021 opinion in the case of Qaadir v. Figueroa, a #California appeals court found that evidence of attorney referrals and unpaid lien-based medical bills could be admitted into evidence in a personal injury case. As #LosAngeles Associate Markus A. explains in a new #ClientAlert, this decision remains valuable precedent for #defense attorneys, enhancing their ability to challenge the legitimacy of medical treatments and bills incurred by #plaintiffs. Read the full alert on our website. #Appellate #AppellateLaw #PersonalInjury #DefenseAttorneys

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RTGR attorney Tom Richard contributed to the California Lawyers Association’s updated guide, "When You Turn 18: A Legal Survival Guide." The age of majority marks the transition from being considered a child to being legally recognized as an adult. Historically set at 21, the age of majority was lowered to 18 following the 1971 ratification of the 26th Amendment, which granted 18-year-olds the right to vote in federal elections. In California, turning 18 means you're treated as an adult for most purposes. Check out the guide to navigate this important milestone and understand your new rights and responsibilities. 🔗 https://lnkd.in/gwvXeuKc

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Happy National Paralegals Day! Swing by to say hello to Alex Lubarsky, who will present at the San Francisco Paralegal Association at 11:00 am today. Alex's session is titled "From Data to Discovery: Mastering eDiscovery Fundamentals." Remember to drop a business card in the bowl to win a gift card. We’re excited to share a few key points from our upcoming eDiscovery presentation. Here’s what you need to know: 1. Know the EDRM: Understanding the steps in the Electronic Discovery Reference Model is important. This helps us manage and protect electronic data effectively during the discovery process. 2. Be Competent: Get familiar with both the technical and legal aspects of eDiscovery. This includes knowing how to handle metadata, native formats, and ensuring we follow legal rules about data preservation and confidentiality. 3. Use Technology: Embrace advanced tools like predictive coding and AI. These technologies make reviewing documents and finding the important information we need easier and faster. We want to thank all the paralegals out there. Today, like every day, you get to wear your #superhero cape! The legal field is what it is with you! #SFPA #paralegals #eDiscovery #litigation #artificialintelligence #lawyers #legalfield Brent Gustafson Tim Morenc CEDS Donna M. Sarah Thompson, CEDS Amy McGuigan, ACP, CEDS, CAS #legaltech BlueStar

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NGE Labor and Employment Partner Jon Ksiazek was quoted in the Law360 article, “Robust Pay Equity Clauses Grab Spotlight In $15M Snap Deal.” This article discusses how Snap Inc. reached a $15 million settlement with California's Civil Rights Department to resolve sex bias allegations following a three-year investigation. The investigation found that women at this technology company were paid less, faced unwelcome sexual advances, and experienced retaliation after raising complaints. The multimillion-dollar settlement requires Snap to hire an independent consultant to review policies surrounding pay and promotion, appoint a third-party monitor to oversee compliance, and commit to implementing pay transparency practices, potentially setting a precedent for future pay equity laws.   Read the full article on Law360 (subscription may be required): https://lnkd.in/g6unQy6v

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Effective Jan. 1, 2023, California expanded its “pay-to-play” rules to include directly elected officials in addition to appointed members of boards and commissions running for elective office. The rule prohibits parties, participants, and their respective agents in a proceeding involving a license, permit, or other entitlement for use from contributing more than $250 to an officer of the agency during a 12-month period. Read more in this #GTAdvisory written by Rebecca Olson: https://bit.ly/44dm3ch. #GovernmentLaw #CaliforniaLaw #PaytoPlay

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In welcome news for California employers, #PAGA reform is at long last coming! An agreement on changes to the act, which deputizes employees to bring civil actions against employers on behalf of other employees for alleged Labor Code violations, includes incentivizing employer compliance, strengthening worker protections, and streamlining litigation processes. If legislation codifying these reforms is enacted by June 27 – as appears likely – the proponents of a contentious ballot measure to repeal PAGA and strengthen labor law enforcement have agreed to withdraw the measure from the November ballot. Read our full update from John Viola and Emma Lapp: https://bit.ly/4c92oNM #laborlaw #CAemployers #employmentlaw

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Betty (Sibilsky) Williams, President of the California Lawyers Association, spoke with KTXL FOX40 News today on the significant topic of mental health within the legal profession. Watch the full segment below as she discusses the complexities, challenges, and strategies pertaining to mental wellness in the legal sector. For more information on how CLA is committed to health and wellness, visit https://lnkd.in/gUpaE-h #MentalHealthAwarenessMonth #MentalHealth #Legal #Law #CLA

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Our partner Joseph Brophy's recent Lawyer Liability and Ethics article in the Maricopa Lawyer, a publication of the Maricopa County Bar Association, discusses the lack of civility in California’s legal community and how the state bar is hoping to address the challenge. Read the full article below and share you input with Joseph at jab@jkwlawyyers.com.

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Akerman Litigation Partner Anthony Sbardellati provides insight into an anticipated overhaul of California's Private Attorneys General Act (PAGA) in this new article from The Recorder. #LaborLaw #staffinglaw #employmentlaw #PAGA https://lnkd.in/ggpXh3GN

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GT attorneys Alan Greenfield, Alice Kessler, Adil Khan, Riley Lagesen, and Magaly Zagal have written the #GTAlert titled, "SB 478 May Require Significant Shifts in Pricing Practices for California Restaurants." The piece covers: 💡 DOJ interpretation of SB 478 may impact long-established and common restaurant business practices 💡 Consequences of noncompliance are potentially significant 💡 The law goes into effect July 1, 2024 Read the full alert here: https://buff.ly/4aDKf9d. #CaliforniaRestaurants #RestaurantIndustry #GTRestaurantIndustry #CaliforniaGovernment

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📢 We are excited to share this insightful column from Hon. Michelle Rosenblatt (Ret.), published in the May issue of ADR Update, a publication of the Labor and Employment Law Section of the California Lawyers Association! Dive into her analysis on the latest appellate decisions involving #employment #arbitration. Don't miss out on this valuable resource!

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Good news for employers! A recent California Court of Appeal decision in Hernandez v. Sohnen Enterprise, Inc. has made it harder for employers to lose their right to arbitration over procedural issues like late payment of fees. This ruling confirms that if your arbitration agreement is governed by the Federal Arbitration Act (FAA), it takes precedence over the California Arbitration Act (CAA). Want to learn more? Contact us today. #Arbitration #EmploymentLaw #CaliforniaArbitration #EmployerRights #LegalUpdate

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Join Glaser Weil employment attorneys as they delve into the latest California developments shaping the landscape of employment law in 2024. (https://lnkd.in/dvV8VPNN) Our expert speakers will provide critical insights on: - Arbitration developments - Settlement of sexual harassment/assault claims - Non-compete issues and non-solicitation agreements - Defending 1102.5 retaliation claims - Miscellaneous issues for employers with expanding workforces in California The panel: Kerry Garvis Wright, Partner and Chair of the Employment Practice, Glaser Weil Joseph Hadacek, Associate, Glaser Weil #Legalpractice #Humanrights #Arbitration #Employmentandlabor

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