Confirmation has again been provided – if such was needed – that current or former employees “cannot be compelled to arbitrate [Private Attorneys General Act (PAGA)] claims based on a predispute arbitration agreement.” This was the finding of the Court of Appeal (5th District) in its ruling in the case Herrera v. Doctors Medical Center of Modesto (August 2021).

One of the costliest mistakes an employer can make is failing to pay compensable time in accordance with applicable local, state, and federal laws. Arizona law follows federal law under the Fair Labor Standards Act (FLSA) regarding compensable time such as defining the workday, the de minimis doctrine, pre- and post-shift activities (e.g., donning and doffing, security checks), waiting and on-call time. However, in most instances California law is more protective than the FLSA when it comes to compensable time.

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