Lauren Teukolsky was quoted by Bloomberg Law and Law.com in a pair of articles this week on the CA Supreme Court’s Monday decision in Adolph v. Uber Technologies, Inc.. In the highly anticipated ruling, the Court held that the state’s workers could continue to pursue representative PAGA labor claims even if their individual labor claims were forced into arbitration. The Court’s ruling is considered a huge win for California’s workers.

PAGA (Private Attorneys General Act) is a state law that authorizes employees to collect civil penalties for violations against themselves and their coworkers on behalf of California’s Labor Commissioner, which has struggled to manage a backlog of cases for the past several decades.

Arbitration is a private dispute resolution process that overwhelmingly favors employers and shields corporations from public scrutiny and accountability. Employers frequently require their employees to sign agreements stipulating that all claims made by them will be resolved in private arbitration as opposed to being litigated through the courts, a process that is public and more favorable to workers.

A ruling in Uber’s favor would have made it very difficult to bring PAGA cases forward – due to the prevalence of arbitration agreements – and would have seriously eroded workers’ ability to enforce the state’s labor laws.

Uber’s lawyers have indicated that the company is considering appealing the Court’s decision. According to analysis Ms. Teukolsky published on LinkedIn, the U.S. Supreme Court is unlikely to hear such an appeal, especially in light of its 2022 decision in Viking River Cruises, Inc. v. Moriana.  She said, “It's unlikely SCOTUS will hear a case from a state supreme court involving entirely state-law issues; there must a federal question involved.”

Ms. Teukolsky has represented workers for over two decades and her commentary on the latest developments in employment law is regularly featured by major publications such as Bloomberg Law, Law360, Law.com, and the Los Angeles Times.

To access the Bloomberg Law article in its entirety, click here. To access the Law.com article in its entirety, click here. 

Last week, UNITE HERE Local 11, a union that represents service and hospitality workers across the American Southwest, asked 15,000 of its southern California members to vote on a strike authorization. Workers overwhelmingly voted to authorize the strike, with 96% of Local 11 members voting in favor. The strike authorization is a significant step towards convincing the region’s hotel operators to consider pay increases for their workers, many of which struggle to make ends meet.

Local 11’s move comes less than a month before 62 of its contracts with Southern California hotels are set to expire. For months, the union and hotels have attempted to negotiate new agreements but have failed to reach a consensus on Local 11’s proposals, including pay increases for its members and other provisions meant to address employees’ healthcare, pensions, work eligibility, and issues related to understaffing.

As California has emerged from the pandemic, the hospitality and tourism industries have roared back, with visitor spending expected to set new records in 2023. However, the workers that form the backbone of the two industries have largely not reaped the rewards of rebound. Rent hikes and increased living costs continue to force many hotel workers out of their homes while their employers fail to address persistently low wages.
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Teukolsky Law stands in solidarity with Southern California’s hotel workers and commends the work Local 11 is doing to ensure workers are fairly compensated and protected heading into the summer. 

Lauren Teukolsky’s “Wage and Hour Case Notes” were published in the March 2023 edition of the California Labor and Employment Law Review, describing six new decisions from California and U.S. appellate courts that affect wage-and-hour law. The column discusses arbitration agreements with wholesale PAGA waivers, California’s “outside salesperson” exemption, and the state’s first published appellate court decision to discuss Viking River’s impact on a motion to compel arbitration in a PAGA case, among other topics.

Wage-and-hour law is a dynamic field, with new appellate decisions that regularly reshape the legal landscape.  Ms. Teukolsky is an expert in California wage-and-hour law and federal wage-and-hour law, and speaks frequently on wage-and-hour topics at national and state conferences. Her “Wage and Hour Case Notes” are published on a quarterly basis by the California Lawyers Association’s (CLA) Labor and Employment Law Section.

CLA is a voluntary bar association. Its mission is to “promote excellence, diversity and inclusion in the legal profession and fairness in access to justice and the rule of law.”

To read Ms. Teukolsky’s article in its entirety, click here. If you would like to speak with Ms. Teukolsky about a wage-and-hour matter, click here to get in touch.

Last month, Bloomberg Law quoted Lauren Teukolsky in an article about the differing approaches taken by California Superior Courts and federal courts towards representative Private Attorneys General Act (PAGA) claims in the months since the U.S. Supreme Court ruled in Viking River Cruises, Inc. v. Moriana.

In Viking River, the majority held that employers could force arbitration of workers’ individual claims under PAGA, a California law that allows workers to sue companies for employment law violations on behalf of the state. However, the decision was written in a way that essentially left the fate of representative PAGA claims in the hands of California’s lower courts.  

For the most part, federal courts have strictly adhered to the Supreme Court’s ruling, sending individual claims to arbitration, and dismissing representative PAGA claims in over half of the decisions analyzed by Bloomberg Law. According to research conducted by Ms. Teukolsky, California’s state courts have taken a different tack. The article states:

“In sharp contrast, state trial courts dismissed representative claims after moving individual claims into arbitration in just six of 75 decisions collected and analyzed by Lauren Teukolsky of the plaintiff-side firm Teukolsky Law PC. Bloomberg Law independently reviewed those decisions […] The trend of state courts not dismissing non-individual PAGA claims is a huge victory for workers in the state of California,” Teukolsky said.  The fate of PAGA will likely be decided in Adolph v. Uber, which is currently pending before the California Supreme Court.

Ms. Teukolsky is frequently cited in news publications for her commentary on developments in employment law, including a pair of Bloomberg Law and Daily Journal articles in 2022 that featured her commentary on Viking River. Ms. Teukolsky also discussed the case on several panels organized by the Los Angeles County Bar Association, the California Employment Lawyers Association, and the College of Labor and Employment Lawyers, the preeminent peer-selected organization of labor and employment lawyers in the United States. To learn more about Ms. Teukolsky’s experience, click here.
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To read the article in its entirety, click here. If you believe you’ve been treated unlawfully in the workplace and want to get in touch with our office, click here.

Lauren Teukolsky’s “Wage and Hour Case Notes” were published in the November 2022 edition of the California Labor and Employment Law Review, describing six new decisions from California and U.S. appellate courts that affect wage-and-hour law. The column discusses summary judgment standards governing suitable seating cases, reverse auctions in PAGA cases, PAGA lawsuits following the settlement of individual Labor Code claims, and federal class certification standards.

Wage-and-hour law is a dynamic field, with new appellate decisions that regularly reshape the legal landscape.  Ms. Teukolsky is an expert in California wage-and-hour law and federal wage-and-hour law, and speaks frequently on wage-and-hour topics at national and state conferences. Her “Wage and Hour Case Notes” are published on a quarterly basis by the California Lawyers Association.

To read Ms. Teukolsky’s article in its entirety, click here. If you would like to consult with Ms. Teukolsky on a wage-and-hour matter, use this page to get in touch.

An article by Lauren Teukolsky was published in the November 2022 issue of the California Labor & Employment Law Review. In the article, Ms. Teukolsky discusses the history of Viking River Cruises, Inc. v. Moriana, a recently-decided U.S. Supreme Court case that has been closely monitored by worker’s advocates and corporate counsel alike. The article was co-authored with Michael Rubin, a renowned employment law attorney who represented Ms. Moriana before the U.S. Supreme Court.  The article discusses the legal strategies used at the Supreme Court, what was (and wasn’t) decided in Viking, and why California trial courts have almost uniformly refused to be bound by the majority’s state-law-based holding in Part IV of the decision.
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Ms. Teukolsky has fought to protect employee’s rights for over 20 years and is an expert in employment law. She recently discussed Viking in a pair of panels hosted by the College of Labor and Employment Lawyers and the California Employment Lawyers Association. Her commentary on the Supreme Court case was also featured in an article by Bloomberg Law.

The California Labor & Employment Law Review is an official publication of the California Lawyers Association (CLA) Labor and Employment Law Section. CLA is a nonprofit, voluntary bar association serving thousands of licensed attorneys throughout California.

To read the article in its entirety, click here. To get in touch with our office, click here.

2022 was a big year for employment law in California, with Governor Gavin Newsom signing a slew of employment bills into law that will improve protections and conditions for the state’s workers. Now that the Governor has finished signing new laws for the year, Teukolsky Law would like to take a moment to review the progress that’s been made for California’s workers.  

(All bills take effect on January 1, 2023, unless otherwise noted.)

Assembly Bill 1041
AB 1041 allows employees to take paid sick leave and family leave to care for a “designated individual.” California law previously allowed employees to take family leave only for family members, whereas AB 1041 allows employees to take time off to care for “chosen family,” or anyone they designate at the time they request leave. 

Assembly Bill 1949
AB 1949 amends California’s Fair Employment and Housing Act (FEHA) to require that employers grant their employees at least 5 days of unpaid bereavement leave, or time off for the death or funeral of a family member.  Previously, California law did not guarantee any time off for the death of a family member, which meant that an employee who took time off to attend a funeral could be fired.

Assembly Bill 2188
AB 2188 prohibits employers from discriminating against job applicants and employees on the basis of cannabis during their off-work hours. AB 2188 will take effect on January 1, 2024.  We covered this bill in a previous post, which is here.

Senate Bill 836
SB 836 reinstates a law that protects a person’s immigration status from disclosure in public court proceedings. This protection stopped employers from using a worker’s immigration status to deter the worker from bringing legal claims against the employer.  It ended at the beginning of 2022, and this bill reinstates it. SB 836 is already in effect.

Senate Bill 1162
SB 1162 requires companies of 100 or more employees to submit annual pay data reports broken down by race and gender to California’s Civil Rights Department. This reporting will assist the State in combating pay disparities along race and gender lines. This bill would also require employers with 15 or more employees to provide a salary range on all job postings. You can learn more about this bill in a previous post of ours here.

Congratulations to the Governor, California’s state legislature, and all of the groups that worked to get these bills passed into law, including the California Employment Lawyers Association (CELA), which sponsored all of these bills.
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If you believe your employer is behaving unlawfully and want to get in touch with Teukolsky Law, click here. 

Lauren Teukolsky’s “Wage and Hour Case Notes” were published in the July 2022 edition of the California Labor and Employment Review, describing seven new decisions from California and U.S. appellate courts that affect wage and hour law. The column discusses whether trial courts may dismiss PAGA claims on manageability grounds, the proper application of the exclusive concurrent jurisdiction doctrine, a district court’s error in determining whether CAFA jurisdictional threshold was met, the proper application of the “ABC” test in jury instructions, and a good-faith defense to the imposition of waiting time penalties. 

Wage-and-hour law is a dynamic field, with new appellate decisions that regularly reshape the legal landscape.  Ms. Teukolsky is an expert in California wage-and-hour law, and speaks regularly on wage-and-hour topics at national and state conferences.

If you would like to consult with Ms. Teukolsky on a wage-and-hour matter, use this page to get in touch.