California Employment Law Blog

Tough Pill to Swallow: PAGA's Impact on Arbitration Waivers and "Poison Pill" Clauses

Posted by Timothy B. Del Castillo | Jan 26, 2024 | 0 Comments

In Demarinis v. Heritage Bank of Commerce (2023), employees, initially under an arbitration agreement, grappled with complexities tied to PAGA, arbitration waivers, and "poison pill" clauses. This case emphasizes the need for meticulous drafting of arbitration clauses, underscoring the importance of specificity in waiver provisions, as the inclusion of a "poison pill" can lead to an entire arbitration contract being deemed unenforceable.

Court of Appeal Finally Clarifies Rate at Which Meal and Rest Break Penalties are to be Paid

Posted by Timothy B. Del Castillo | Oct 15, 2019 | 0 Comments

The Court of Appeal clarified for employers the proper method for calculating meal and rest break premium pay. In Ferra v. Lowes Hollywood Hotel, LLC, the court held that “regular rate of compensation,” as used in Labor Code Section 226.7 governing premium pay for missed meal and rest breaks, means an employee’s base hourly wage, not the "regular rate of pay," that is required to be used when paying overtime wages.


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