Congratulations to Stacie Hausner, Esq. for being the first ever recipient of the SCMA Award for Excellence in Employment Mediation!

New Employment/PAGA Case: CRST Expedited, Inc. v. Super. Ct. (2025) __ Cal.App.5th __, 2025 WL 1874891

by Monty McIntyre, Esq.

Can a plaintiff bring a PAGA representative action if they have dismissed their individual claims?

Last month, the California Court of Appeal decided this important issue:

CRST Expedited, Inc. v. Super. Ct. (2025) __ Cal.App.5th __, 2025 WL 1874891: The Court of Appeal denied the employer defendant’s petition for writ of mandate seeking to overturn the trial court’s order denying defendant’s motion for judgment on the pleadings in plaintiff’s PAGA action alleging no individual claims, only claims on behalf of other employees. The issue was whether Labor Code section 2699 authorizes an aggrieved employee to bring a lawsuit that seeks to recover civil penalties imposed for Labor Code violations suffered only by other employees. After plaintiff dismissed his individual claims, because they had been ordered to arbitration, defendant moved for judgment on the pleadings arguing that plaintiff could not bring PAGA claims for violations suffered only by other employees. The Court of Appel denied the writ petition, concluding that a plaintiff may bring a PAGA action seeking the recovery of civil penalties (1) for the Labor Code violations suffered only by the employee, (2) for the Labor Code violations suffered only by other employees, or (3) both. (C.A. 5th, July 7, 2025.)

Law Practice Tip:

If the individual PAGA claims of a representative plaintiff are sent to arbitration, this new published case gives plaintiff attorneys a helpful alternative if they prefer to have their plaintiff client continue to represent the PAGA claims of other employees in a state court action.  

Balancing Equity and Empathy: Resolving ADA Disputes in the Era of Return-to-Office

by MyKhanh Shelton, Esq.

The post-pandemic workplace is shifting fast—and so are the disputes. As many Fortune 100 companies pushed full-time return-to-office mandates in July 2025, employees are increasingly requesting remote work as an ADA accommodation. Employers say they’ve followed the rules. Employees say they haven’t been heard.

Where’s the breakdown really happening? And how can mediation bridge the gap?

👉 Read Mediator MyKhanh Shelton’s latest article on resolving ADA disputes in the RTO era: Balancing Equity and Empathy.

ADR Update in the California Labor and Employment Law Review

by Hon. Michelle Rosenblatt (Ret.)

From buried arbitration agreements to conflicting employment contracts, California courts are scrutinizing fairness in workplace dispute resolution.

In her latest ADR Update for the California Labor & Employment Law Review, Hon. Michelle R. Rosenblatt (Ret.) breaks down three key 2025 appellate decisions that every employment lawyer needs to know:

• Velarde v. Monroe Operations – When onboarding pressure and misrepresentation make an arbitration clause unconscionable.
• Osuna v. Spectrum Security Services – A PAGA claim revived despite AB 2288.
• Silva v. Cross Country Healthcare – How “dual contracts” can render arbitration agreements unenforceable.

Case Law Alerts! Staying Current in California Employment Law

by Phyllis Cheng, Esq.

Employment law in California is evolving at lightning speed. In 2025 alone, over 100 new employment-related bills were signed into law, with courts issuing weekly rulings on arbitration, discrimination, wage-and-hour, PAGA, and more.

To help practitioners stay ahead, Phyllis Cheng has issued near-daily Case Law Alerts for over 20 years—covering fresh appellate decisions and new legislation, often before they appear in legal news outlets. These alerts are free to anyone who subscribes by emailing LaborLaw@CLA.Legal.

Phyllis also authors a bi-monthly column in the California Labor & Employment Law Review on cases pending before the California Supreme Court, available through herADR Services, Inc. profile.

These resources are designed to keep litigators and neutrals current in one of the fastest-changing areas of law.

From Objection to Intervention: Rethinking Class Settlement Fairness in the Age of Reverse Auctions

by Geri Green, Esq.

Class action settlements have long been central to wage-and-hour and consumer litigation, but California courts are now rethinking how fairness is evaluated. Recent cases like Edwards, Amaro, and Hamilton show a trend away from simple deference and toward heightened judicial scrutiny—especially when “reverse auctions” risk cutting short stronger claims in favor of quick, cheaper deals.

In this timely article, mediator Geri Green unpacks how intervention is reshaping settlement dynamics, why overly broad releases won’t withstand review, and what strategies plaintiffs, defendants, and mediators must adopt to navigate this shifting landscape. The age of the reverse auction has placed fairness front and center, demanding vigilance, coordination, and new approaches to class resolution.

Beyond the Smoking Gun: Settling Subtle

Retaliation Claims

by Daniel Ben-Zvi, Esq.

Retaliation under FEHA isn’t always as clear as a firing or demotion. Sometimes it shows up in critical reviews after years of praise, sudden schedule changes, or stifling micromanagement. In his latest piece, mediator Daniel Ben-Zvi explores how mediation can address these “gray area” disputes—where proof may be elusive, but the impact on employees is real. Discover how subtle workplace dynamics can be resolved with dignity, fairness, and closure.