Posts By: Jason Resnick

California Employers on Edge: Adolph v. Uber Technologies to be Heard on May. 9

[Correction: An earlier version of this post stated that oral argument is scheduled for August 7. That is the date by which the Supreme Court should issue its decision in the case] Oral argument in Adolph v. Uber Technologies is scheduled for May 9, 2023. On that date, the California Supreme Court will hear arguments to determine if someone with an individual PAGA claim in arbitration can…

Navigating Health Benefits During Workers’ Compensation Leave

When an employee is absent due to a workplace injury and receiving workers' compensation benefits, their health insurance is not covered by workers' compensation. However, there are options available to protect an employee's health benefits. If the employee qualifies for the federal Family and Medical Leave Act (FMLA) or state leaves such as the California Family Rights Act (CFRA) or pregnancy…

H-2A Visa Fees to Increase May 30

The U.S Department of State published a Final Rule on March 28th regarding increases to certain nonimmigrant visa application (NIV) processing fees and the Border Crossing Card (BCC) for Mexican citizens. Effective May 30, 2023, H-2A and H-2B visa fees will increase from $190 to $205.  The pending visa fee increase is on top of US Citizenship and Immigration Services’ (USCIS) proposed…

Courts Apply Viking River with Mixed Results

The U.S. Supreme Court’s decision last June in Viking River Cruises v. Moriana was viewed by many as a victory for employers. The Court allowed individual Labor Code Private Attorneys General Act of 2004 (PAGA) claims to be compelled to arbitration and required the dismissal of non-individual PAGA claims brought on behalf of others.  The case has resulted in a wave of motions in state and…

California Court of Appeal Holds Viking River Does Not Deprive Plaintiffs of Standing to Pursue “Representative” PAGA Claims Even if Compelled to Arbitrate “Individual” PAGA Claims

The California Court of Appeal for the Second Appellate District recently issued a decision that disagreed with the Supreme Court's interpretation of the Private Attorneys General Act of 2004 (“PAGA”) in Viking River Cruises, Inc. v. Moriana. PAGA allows employees to sue their employers for Labor Code violations on behalf of themselves and other current or former employees. Viking River held…