Month: June 2022

Homeowner, Know Thy Boundaries: Good Fences, Good Neighbors, & Expensive Disputes

June 28, 2022

You’ve had that shed, garage, or patio for years. You know, the one that goes right up to your fence with the neighbors. Then, someone wants to do a remodel – you or that new neighbor whose dog barks all day. It’s only then that you find out the previous owners messed up the property…

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Viking River Cruises v. Moriana: California’s Ban on Waiving Individual PAGA Claims in Arbitration Agreements Sails Off Into the Sunset

June 23, 2022

By Jim McNairy and Kendall C. Fisher-Wu On June 15, 2022, the United States Supreme Court issued its Opinion in Viking River Cruises v. Moriana (“Viking River”). The Court overruled in part an earlier California Supreme Court decision concerning claims made under California’s Private Attorneys General Act (“PAGA”). The U.S. Supreme Court’s decision, marking a…

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California Supreme Court Holds Wage Statement and Final Pay Laws Apply to Meal and Rest Period Premium Pay

June 17, 2022

California law requires employers to provide meal and rest periods to most non-exempt employees.  Pursuant to Labor Code section 226.7 and the Industrial Welfare Commission Wage Orders, if an employer fails to provide an employee with a proper meal or rest period, the employer must pay the employee an additional hour of pay, commonly referred…

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June 1, 2022

When a lawsuit is filed, Code of Civil Procedure section 1281 et seq. allows a party (often the defendant) to file a motion to compel arbitration. Further, section 1281.4 gives the party two options to request a mandatory stay of all proceeding. First, the party can request a stay that takes effect when the court…

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