We invite you to review our newly-posted January 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Meal Periods and Rest Breaks
Rest-Break Class Gets Second Chance for Class Certification
Miles v. Kirkland’s Stores, 2024 WL 74698 (9th Cir. 2024)
Ariana Miles was employed by Kirkland’s, a chain of home décor stores, from February 2011 to July 2018. She sued her former employer under two theories. First, she alleged that the company unlawfully required its employees to remain in the store during their rest breaks. She also alleged that employees were forced to work…
Trial Courts May Control, But They May Not Dismiss, PAGA Claims On “Manageability” Grounds
The California Supreme Court has issued its much-anticipated decision in Estrada v. Royalty Carpet Mills, Inc., determining whether Private Attorneys General Act (PAGA) claims can be dismissed as unmanageable. The Court affirmed a lower court’s decision, holding that “trial courts lack inherent authority to strike PAGA claims on manageability grounds”—that is, trial courts may not “dismiss [them] with prejudice.” Slip op. at 1-2. In…
November 2023 California Employment Law Notes
We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims
- Disability Discrimination Claim Was Properly Dismissed On Summary Judgment
- Employee’s Attorney’s “Pervasive Incivility” Justified $460,000 Reduction In Fees
- Employees Were Properly Awarded $7.2 Million
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Employee’s Meal and Rest Break PAGA Claims Survive Summary Judgment
Arce v. Ensign Grp., Inc., 96 Cal. App. 5th 622 (2023)
Cecilia Arce worked as a certified nursing assistant at a skilled nursing facility. After her employer terminated her, she brought claims under the Private Attorneys General Act (“PAGA”) that she worked through meal and rest periods and was not paid premiums she was owed for meal and rest breaks after her termination. The…
Employers Face New Accommodation Requirements For Nursing Mothers
In our recent blog post, we highlighted legislation that will impact employers this year related to nursing and pregnant employees: the Providing Urgent Maternal Protections for Nursing Mothers Act (the “PUMP Act”) and the Pregnant Workers Fairness Act (the “PWFA”). As this legislation becomes effective—with the PUMP Act taking effect on April 28, 2023 and the PWFA set to become effective on June 27,…
March 2023 California Employment Law Notes
We invite you to review our newly-posted March 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- No Claim By Employee Who Was Friends With Alleged Harasser
- Pregnancy Discrimination Lawsuit Was Properly Dismissed
- Employer That Failed To Layoff Employee Before She Became Disabled May Have Discriminated
- Court Compels Individual But Not
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Good Faith Is Defense To Labor Code’s “Knowing And Intentional” Standard
Naranjo v. Spectrum Sec. Servs., Inc., 2023 WL 2261253 (Cal. Ct. App. 2023)
After holding that premium payments from meal and rest period violations under Labor Code section 226.7 constituted “wages,” the California Supreme Court remanded to the Court of Appeal to resolve two questions: First, whether in failing to timely pay employees premium pay, the trial court erred in finding the employer had…
Good News for Employers: Good Faith Belief of Compliance Precludes Both Final Wage and Wage Statement Penalties
Last summer, we reported here the California Supreme Court ruling that premium payments owed under Labor Code section 226.7 for meal and rest break violations constitute “wages.” The Naranjo et al. v. Spectrum Sec. Servs., Inc., 13 Cal. 5th 93, 102 (2022) decision had significant ramifications because it triggered related obligations for employers to report the premiums on employee wage statements, pay employees these…
January 2023 California Employment Law Notes
We invite you to review our newly-posted January 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus
- Family Court May Order Employer To Provide Determination Of Arrearages Owed In Spousal Support Case
- Background Check Agency May Have Violated State
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