Among the innumerable disruptions of recent years the COVID-19 pandemic upended David De Concilio’s initial plan to use his Robbins Collection Fellowship to complete his thesis. Instead, De Concilio was awarded his joint PhD through the University of St. Andrews, Scotland and the Università degli Studi Roma Tre, Italy before his visit to UC Berkeley. […]
Berkeley Law, 7/26/2022
Our new exhibition, The Statutes of the University of Bologna, is now available online. It is based on a translation of the statutes by Robbins Collection Senior Reference Librarian Jennifer K. Nelson, as well as on material included in our earlier exhibition, The Medieval Law School. The Robbins Collection houses the Statuta universitatis bononiensis (Robbins […]
LAW & POLICY NOTE (July 2022)
The U.S. Supreme Court June 2022 decision in Viking River Cruises, Inc. v. Moriana held that the Federal Arbitration Act (FAA) does not preempt a rule of California law that invalidates contractual waivers of the right to assert representative claims under the California Private Attorneys General Act (PAGA) in any forum. However, in a portion of the majority opinion that four justices refused to join, the Court created confusion about whether plaintiffs subject to arbitration lose standing under state law to maintain representative PAGA claims in court. We explain why the majority’s view of PAGA standing in Viking River Cruises clashes with the California Supreme Court’s authoritative approach to PAGA standing, announced two years ago in Kim v. Reins International California, Inc. We conclude that California courts are not bound by the portion of Viking River Cruises that posits the loss of representative standing to litigate PAGA claims on behalf of other employees, and instead must follow Kim.
Washington Post, 7/1/22
Washington Post, 6/29/22
CBS Bay Area, 6/28/22
Berkeley Law, 6/14/2022
LAW & POLICY NOTE (June 2022)
California’s Assembly Bill (A.B.) 257, the Fast Food Accountability and Standards Recovery (FAST Recovery) Act, creates a partnership between fast food restaurant workers, their advocates, businesses, and state agency officials through a Fast Food Sector Council empowered to set labor standards specific to the industry. Regardless of whether the bill is signed into law, A.B. 257 will remain a consequential piece of legislation that serves as a template for improving labor standards in the fast food sector and in other low-wage industries. Analyzing the bill in print as of June 9, 2022, we propose model language that ensures the labor standards developed by the council cannot fall below existing state standards applicable to fast food workers and are fully enforceable under the Labor Code, and that strengthen the franchisor liability provisions of the bill.