Seven Folsom Jackson Attorneys Recognized in 2027 Best Lawyers

Folsom Jackson is pleased to announce that seven of the firm’s attorneys have been recognized in the 2027 edition of The Best Lawyers in America®.

In addition, Jeffrey M. Koewler was named the 2027 Best Lawyers® “Lawyer of the Year” for Corporate Law in Sacramento. “Lawyer of the Year” recognition is awarded to just one lawyer in each practice area and geographic region, making it a particularly distinguished honor.

Folsom Jackson’s 2027 Best Lawyers honorees are:

The Best Lawyers in America® recognitions are based on peer review and are intended to highlight attorneys who have earned the respect of their professional colleagues within their practice areas.

Folsom Jackson congratulates Jeff and all of this year’s recognized attorneys on these honors.


California Court Affirms Deep Cuts to PAGA Penalties and Attorneys’ Fees

By: J.R. Riddell

In a rare win column victory for employers, a California appellate court recently held that trial courts have broad discretion to steeply discount the amount of penalties to be imposed under California’s Private Attorneys General Act (“PAGA”) for employer wage and hour violations. In Taduran v. Glidewell, the trial court slashed the amount of PAGA penalties by 99%, thereby reducing the potential maximum penalty of nearly $56 million to $516 thousand. The Taduran appellate court also upheld the trial court’s decision to significantly discount the amount of attorneys’ fees to award the employee’s attorneys – even though the employee was the prevailing party and therefore entitled to recover attorneys’ fees.

In the trial court, plaintiff Abraham Taduran brought a representative PAGA action against his former employer, Glidewell Dental Ceramics. Taduran sought nearly $56 million in civil penalties based on claims that his employer had committed multiple wage and hour violations (e.g., failure to pay proper minimum wages, overtime, premiums for non-compliant meal and rest breaks, non-compliant wage statements, and more). Following a bench trial, the trial court judge agreed that the employer engaged in multiple wage and hour violations. However, the judge concluded that the maximum penalties permitted under the Labor Code were grossly disproportionate to the underlying harm. Citing minimal unpaid wages, in addition to the employer’s prompt corrective actions, system changes, and willingness to compensate affected employees, the court drastically reduced the potential available penalties by 99%, and substantially trimmed the plaintiff’s requested attorneys’ fees. Plaintiff’s counsel appealed, arguing that the judge’s methodology to trim the PAGA penalties and to determine the attorneys’ fees award was improper.

The appellate court agreed with the trial judge and explained that the PAGA’s statutory language grants trial courts broad discretion to award less than the maximum potentially recoverable PAGA penalties if doing so would be unjust, arbitrary and oppressive, or confiscatory. The appellate court concluded that because the Labor Code does not specify that a judge must use any specific methodology to determine appropriate PAGA penalties, trial courts are free to use any reasonable method to reach a fair penalty figure. For example, the penalties can be adjusted downwards by a percentage or based on the number of aggrieved employees. The appellate court deferred to the judge’s decision because it was based on several case‑specific factors, including that the unpaid wages were minimal, the employer promptly corrected issues and implemented system changes, and the employer showed a willingness to make employees whole. Given those findings, cutting the penalties to roughly one percent of the theoretical maximum was reasonable and within the court’s discretion.

The appellate court also upheld an across‑the‑board reduction to plaintiff’s request for attorneys’ fees, which the attorneys were entitled to because they represented the prevailing party. The trial judge reduced the requested fees amount for various reasons, including the relative complexity of the issues presented and plaintiff’s success in relation to the fees. The appellate court confirmed that judges may consider the percentage‑of‑recovery as a reasonableness check when deciding whether to adjust fees upward or downward. Based on several factors, the court deemed it appropriate to reduce the requested fees from nearly $1.6 million to $733 thousand.

While Taduran is a positive development in appellate case law concerning the reduction of penalties and awardable attorneys’ fees, it also serves as a reminder that employers need to be vigilant in their efforts to comply with California’s evolving landscape of wage and hour requirements. Indeed, the Taduran decision underscore that non-compliance can be expensive even when a trial judge is willing to steeply discount penalties and attorneys’ fees.


Folsom Jackson Attorneys Recognized by 2026 Super Lawyers; John P. O’Malley Named to Top 100 List

Folsom Jackson is pleased to announce that 12 of the firm’s attorneys have been selected for inclusion in the 2026 Northern California Super Lawyers and Rising Stars lists, recognizing attorneys across the firm’s business, employment, litigation, and family law practices.

Among this year’s honorees, John P. O’Malley received special recognition as one of the Top 100: 2026 Northern California Super Lawyers. O’Malley was recognized in Family Law and selected among the attorneys who received the highest point totals in the Northern California Super Lawyers selection process.

The following Folsom Jackson attorneys were selected to the 2026 Northern California Super Lawyers list:

The following Folsom Jackson attorneys were selected to the 2026 Northern California Rising Stars list:

Super Lawyers selects attorneys through a patented multiphase process that includes peer nominations, independent research, and professional achievement. No more than five percent of attorneys in each state are selected to the Super Lawyers list, and no more than 2.5 percent are selected to the Rising Stars list.

Folsom Jackson congratulates John on his Top 100 recognition and congratulates all of the firm’s attorneys selected to the 2026 lists!


Ninth Circuit Affirms FMCSA Preemption of California’s Meal and Rest Break Rules for Passenger-Carrying Commercial Motor Vehicles

By: Monica Folsom

On June 4, 2026, in People v. FMCSA, the Ninth Circuit held that the Federal Motor Carrier Safety Administration (“FMCSA”) properly preempted California’s meal and rest break (“MRB”) rules as applied to passenger-carrying commercial motor vehicles. Upon a finding that a state law or regulation is additional to or more stringent than a federal regulation on commercial motor vehicle safety, the Secretary of Transportation has the power to preempt state laws that have no safety benefit, are incompatible with federal regulation, or cause an unreasonable burden on interstate commerce.

Federal hours-of-service (“HOS”) regulations govern when drivers of passenger-carrying commercial motor vehicles must stop driving and take off-duty time. California’s MRB rules separately require meal periods and rest breaks. The FMCSA concluded that California’s MRB rules as applied in this context were more stringent than the federal requirements, did not provide any measurable safety benefit, were incompatible with federal regulation, and imposed an unreasonable burden on interstate commerce.

The Ninth Circuit upheld the FMCSA’s determination, relying in part on its earlier decision in International Brotherhood of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration, 986 F.3d 841 (9th Cir. 2021). In Teamsters, the court held that the FMCSA acted within its authority and reasonably found that additional state break requirements, like California’s MRB rules, would disrupt the uniformity of regulation as to commercial drivers operating in interstate commerce. Because California’s MRB rules and the federal HOS regulations share the same purpose of mandating off-duty periods as a form of ensuring commercial motor vehicle safety, the MRB rules are within the FMSCA’s domain.

In analyzing the People’s argument that the FMCSA acted arbitrarily and capriciously in finding an unreasonable burden would be caused, the court looked to the administrative record and determined that there was ample support to demonstrate that imposing such a vast array of rules on drivers would be disruptive and costly. Notably, the court reasoned that the effects of these sweeping regulations would change the fundamental nature of bus service. Therefore, California’s MRB rules are preempted for drivers of passenger-carrying commercial motor vehicles subject to federal HOS regulations.

This decision mandates that drivers be provided with breaks as required under federal HOS regulations only. Despite operating in California, companies employing drivers of passenger-carrying commercial motor vehicles are not required to offer them breaks as outlined in California’s MRB rules. It also reaffirms the court’s decision in Teamsters that only federal HOS regulations apply to commercial drivers operating in interstate commerce.

Legal Disclaimer:

Nothing in this blog is intended to constitute legal advice and your interactions with this blog do not result in the formation of an attorney-client relationship. All matters are different and, as such, nothing in this blog is intended to guarantee, warrant, or predict a specific outcome.


Supreme Court Expands FAA Exemption to Include “Last-Mile” Delivery Drivers

By: Caroline M. Colangelo

On May 28, 2026, the United States Supreme Court issued a ruling in Flowers Foods, Inc. v. Angelo Brock that impacts employers’ ability to enforce arbitration agreements with so called “last-mile” drivers. The term “last-mile” drivers refers to delivery drivers who transport and deliver a product in the final leg of the supply chain, for example, a driver engaged to deliver products from a local distribution hub or warehouse directly to a customer’s doorstep. The Court held that last-mile drivers who make local deliveries of goods that have previously moved across state lines can fall under the “transportation worker exemption” of the Federal Arbitration Act (“FAA”), prohibiting them from being compelled to arbitrate their claims under the FAA despite the fact that their actual deliveries all occurred within the same state.

The case was brought by Angelo Brock, a delivery driver for Flowers Foods in Colorado who distributed baked goods from a warehouse to local retailers. Although the goods Brock delivered had previously crossed state lines before reaching the warehouse, his deliveries occurred entirely within Colorado. After Brock brought a putative class and collective action against Flowers Foods, alleging that the company had misclassified him and other drivers as independent contractors, Flowers Foods moved to compel arbitration based on a mandatory arbitration agreement Brock had signed agreeing to resolve all disputes via arbitration under the FAA. In response, Brock argued that he was exempt from arbitration because he belonged to a class of workers engaged in interstate commerce—an argument the district court and the Tenth Circuit accepted. Flowers Foods then appealed to the Supreme Court.

The central issue of the case is whether Section 1 of the FAA (9 U.S.C. § 1), which exempts certain “transportation workers” engaged in interstate or foreign commerce from mandatory arbitration, applied to last-mile delivery drivers. The exemption excludes from FAA coverage “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” At issue was the scope of workers covered by the exemption’s “any other class of workers” clause. Flowers Foods argued that workers who deliver local goods that have previously crossed state lines, but who do not transport the goods across borders themselves did not qualify as transportation workers under the exemption. Conversely, Mr. Brock argued that he qualified as a transportation worker engaged in interstate commerce because his interstate route formed an essential component of the interstate journey.

Ultimately, the Supreme Court agreed with Brock, holding that a worker who transports goods during an interstate leg of a broader interstate journey may qualify under Section 1’s transportation worker exemption. The Court’s ruling clarifies that the exemption can extend to drivers who make local deliveries as part of an interstate supply chain, even if they do not themselves cross state lines. In the Court’s view, interstate commerce encompasses both workers who carry goods across state borders and those who transport those goods within a single state as part of the same continuous movement. Accordingly, such workers may fall within the exemption and therefore may not be compelled to arbitrate their claims under the FAA. The Court emphasized, however, that its opinion was limited insofar as it rejected a bright line rule excluding workers who never cross state lines or interact directly with vehicles that do from the definition of transportation workers under the exemption, but it did not decide whether workers whose connection to interstate commerce is more attenuated fall outside the exemption’s scope.

The case builds on recent caselaw from the Supreme Court, which has taken an increasingly expansive view of the exemption set forth in Section 1 of the FAA Indeed, in the last seven years, the Court had ruled in favor of the workers seeking to expand coverage under the transportation worker exemption in four separate cases.

The decision potentially has significant ramifications for companies seeking to enforce employment arbitration agreements with last-mile drivers, particularly when facing a class or collective action suit. Companies who employ or contract with delivery drivers can no longer rely on intrastate routes alone for purposes of avoiding application of the FAA transportation worker exemption and may be required to litigate whether deliveries are part of a continuous intrastate movement for purposes of enforcing an arbitration agreement. Companies who contract with last-mile delivery drivers and who wish to utilize and enforce arbitration agreements should review those agreements and consider modifications that incorporate and reference state law arbitration provisions, such as the California Arbitration Act (“CAA”). Though “last-mile” drivers may be exempt from the FAA, arbitration agreements with these employees may still be enforceable under the CAA. Employers should consult with legal counsel to evaluate any necessary modifications to their current arbitration agreements.

Legal Disclaimer:

Nothing in this blog is intended to constitute legal advice and your interactions with this blog do not result in the formation of an attorney-client relationship. All matters are different and, as such, nothing in this blog is intended to guarantee, warrant, or predict a specific outcome.


Delfino Madden Is Now Folsom Jackson

Delfino Madden Is Now Folsom Jackson

The Sacramento-based law firm will move forward as Folsom Jackson O’Malley Madden Coyle Koewler LLP.

Beginning March 16th, the new name reflects the firm’s growth and continuity while preserving its dedication to clients and practical approach to service.

Founded in 2014 by a group of experienced Sacramento attorneys who shared a commitment to collaboration, practical judgment, and long-term client relationships, the firm has grown thoughtfully over the years while maintaining the culture and client-focused approach that have defined it since the beginning.

The firm has brought together strong practices in business law, employment law, and family law, creating a place where clients can turn for trusted legal counsel across a range of complex matters. Over time, new partners have joined the firm and leadership team, expanding Folsom Jackson’s capabilities into real estate, complex business litigation, privacy law, and intellectual property while carrying the firm’s original vision forward. Clients can expect the same collaborative, practical approach that has long defined the firm’s work.

“Folsom Jackson reflects both continuity and growth,” Jeff Koewler, one of the founding partners, said. “It honors the foundation established by the lawyers who built the firm and highlights the strength of the team leading it forward. What remains unchanged is our commitment to thoughtful counsel, strong advocacy, and long-term partnership with our clients.”

Folsom Jackson O’Malley Madden Coyle Koewler LLP will continue serving businesses, nonprofit tax-exempt organizations, employers, and individuals throughout Sacramento and beyond with the same dedication to quality, responsiveness, and client service that has guided the firm since its inception.


Leadership Update

Delfino Madden is pleased to announce an update to the firm’s leadership structure.

Elizabeth Jackson has been named Corporate Practice Leader, stepping into the role following Kaitlyn Saberin’s leadership of the Corporate team. The firm is grateful for the strong foundation Kaitlyn helped build and looks forward to Elizabeth continuing to lead the group in delivering practical, business-focused counsel to clients.

As Corporate Practice Leader, Elizabeth will serve on the firm’s Executive Committee, alongside Managing Partner Monica Folsom and Litigation Practice Leader Ken Nabity.

This leadership team will continue to guide the firm’s strategic direction and support collaboration across practice groups.


Delfino Madden Attorneys Recognized in 2025 Super Lawyers Northern California List

Delfino Madden is proud to announce that six of our attorneys have been recognized in the 2025 Super Lawyers Northern California list for their outstanding professional achievements and peer recognition.

This recognition reflects the deep talent across our firm and our continued commitment to delivering practical legal solutions to clients throughout California.

Super Lawyers selects attorneys using a patented multiphase process that combines peer nominations, independent research, and professional achievement. No more than five percent of attorneys in each state are named to the Super Lawyers list.

We congratulate each of these attorneys on this well-deserved honor.


The California Civil Rights Department Publishes Official Model Notice of Employee Rights Pursuant to Assembly Bill 2499

By: Monica Folsom

Assembly Bill (“AB”) 2499, which took effect on January 1, 2025, expanded the list of crimes for which employees who are victims are entitled to take protected leave to include not only domestic violence, sexual assault or stalking but also other qualifying crimes or acts of violence such as those involving serious bodily injury, threats of injury or death, and crimes resulting in the death of a family member. It also requires employers with 25 or more employees to offer the same leave protections to employees when one of their family members is the victim of such crimes or qualifying acts of violence.

The California Civil Rights Department (CRD) has issued an official model notice that complies with the employer’s obligation to provide employees with written notice of their rights under the statute. The written notice must be distributed to new hires and to all employees annually as well at any time upon request and at any time the employer becomes newly aware that an employee or an employee’s family member is a victim. Employers may use the CRD model notice, or they create their own notice as long as the notice is “substantially similar in content and clarity” as the CRD model notice.

More information on AB 2499 may be found here.

 

Legal Disclaimer:

Nothing in this blog is intended to constitute legal advice and your interactions with this blog do not result in the formation of an attorney-client relationship. All matters are different and, as such, nothing in this blog is intended to guarantee, warrant, or predict a specific outcome.


Delfino Madden Welcomes Our 2025 Summer Associates

We are pleased to welcome Marnon Navarro Leon and Devon Siebels to Delfino Madden as our 2025 Summer Associates. Both are second-year law students at UC Davis, School of Law.

Marnon completed his undergraduate studies at San Diego State University after earning three associate degrees from Southwestern Community College. He describes himself as an optimistic law student who approaches challenges creatively and values professional and personal growth. Marnon was drawn to Delfino Madden because of the genuinely friendly and accommodating attorneys he met during the interview process. He looks forward to exploring employment litigation and contributing to the firm’s collaborative environment this summer.

Devon, originally from Petaluma, is particularly interested in employment litigation. He was drawn to Delfino Madden for the opportunity to develop the skills of an effective litigator in a supportive environment. Devon values the firm’s commitment to mentorship and professional development. He looks forward to gaining firsthand experience in employment litigation and collaborating with the team during his time with the firm.

We are excited to have Marnon and Devon join us for the summer and look forward to supporting their development as future attorneys.