California employment case index

The Ninth Circuit held the Federal Arbitration Act preempts AB 51 (Labor Code § 432.6), California's attempt to ban mandatory employment arbitration, because a state rule that burdens the formation of arbitration agreements stands as an obstacle to the FAA.

Two Nordstrom employees worked stretches of more than six consecutive days, but never seven days inside a single established workweek, and always with at least one short shift. The Ninth Circuit certified three questions, and a unanimous Supreme Court answered all of them on one page: the day-of-rest guarantee runs by the workweek rather than on a rolling seven days, so runs spanning two workweeks are not per se prohibited; the six-hour exemption applies only where the employee never exceeds six hours on any day of that week, because the contrary reading would let a single short shift swallow the rule; and an employer 'causes' a lost day of rest by inducing the employee to forgo it, owing a duty to apprise employees of the right and then maintain absolute neutrality about its exercise.

The Supreme Court’s foundational “cat’s paw” decision: an employer is liable when a biased supervisor performs an act intended to cause an adverse employment action that is a proximate cause of the ultimate decision — even if the formal decisionmaker had no discriminatory animus. A decisionmaker’s “independent investigation” does not automatically break the causal chain, especially when it credits the biased actor’s report without independently confirming the action was justified.