New Code of Civil Procedure section 1001 prohibits confidentiality provisions in settlement agreements for claims of sexual harassment and certain other claims (except re the claimant’s identity or amount of the settlement), with certain exceptions; new law effective January 1, 2019.

Troester v. Starbucks Corp., Cal. no. S234969 (July 26, 2018). De minimis doctrine did not apply to state-law wage-and-hour claims by Starbucks employee who worked four to ten minutes each workday off the clock (e.g., transmitting daily sales data and locking up the store).

Raines v. Coastal Pacific Food Distributors, Inc., Cal. Ct. App. 3d Dist. (May 22, 2018): PAGA actions to enforce Labor Code section 226(a) do not require a showing of actual injury; actual injury is only required to secure actual or statutory damages under section 226(e), but is not required to prosecute an enforcement action to secure an employer’s compliance with the Labor Code

Epic Systems Corp. v. Lewis, 584 U.S. ___, U.S. Supreme Ct. no. 16-285 (May 21, 2018)): employment arbitration agreements can prohibit employees from being able to bring class actions, collective actions, and any other type of action other than an individual action in arbitration. Employees who sign such agreements may be bound to have their disputes adjudicated in private arbitration and solely on an individual basis.