A 9th Circuit Court of Appeals panel has upheld a lower court ruling in favor of employer WinCo Foods, LLC. A class action litigation brought by employee Alfred Johnson on behalf of himself and other WinCo employees (plaintiffs) in California, alleged WinCo failed to compensate successful applicants for employment, as employees, for the time and expense of taking pre-employment drug tests (Johnson v. WinCo Foods (June 2022)). 

Teresa McQueen

Cal/OSHA’s Violence Prevention in Health Care regulations currently require specified health care facilities to establish workplace violence prevention plans to protect health care personnel from aggressive and violate behavior. While those in non-health care industries have more generalized duties (under Cal/OSHA general duty requirements) requiring the identification and evaluation of workplace hazards with no duty to create and follow any specific plan.

On June 15, 2022, the U.S. Supreme Court ruled that the California Private Attorneys General Act (PAGA), which allows employees to sue their employer on behalf of the state and seek monetary penalties on behalf of other employees, does not permit them to sidestep arbitration agreements which require such individual actions be brought in an individual arbitration rather than in court. (Viking River Cruises, Inc. v. Moriana).

Jason Resnick

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