On May 21, 2018, the United States Supreme Court decided Epic Sys. Corp. v. Lewis, finding that employment arbitration agreements that contain class action waivers are enforceable. Prior to this case, best practices required an opt-out option for employees when contemplating waiver of rights to file a class or collective action. This won’t get anyone out of claims under California’s PAGA, but it adds another tool for strategic discussion on how to limit lawsuits by rogue employees.
Last week, the Ninth Circuit Court of Appeals ruled that a job applicant is not considered an employee for compensation purposes. In the case of