California Labor & Employment Law

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We invite you to review our newly-posted May 2017 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

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Porter v. Nabors Drilling USA, LP, 2017 WL 1404392 (9th Cir. 2017)

Jeremy Porter, a former employee of Nabors Drilling, filed a complaint alleging various claims against Nabors, including a claim arising under the Private Attorney General Act (“PAGA”). After removing the action to federal court, Nabors moved to compel arbitration of all of Porter’s claims pursuant to an arbitration agreement. Porter agreed to…

Brunozzi v. Cable Commc’ns, Inc., 851 F.3d 990 (9th Cir. 2017)

Matteo Brunozzi and Casey McCormick worked as technicians for CCI installing cable television and internet services. They alleged that CCI’s compensation plan violates the overtime provisions of the Fair Labor Standards Act (“FLSA”) because the “production bonus” paid by CCI is designed to decrease in proportion to an increase in the number of…

Gerard v. Orange Coast Mem. Med. Ctr., 9 Cal. App. 5th 1204 (2017)

In this putative class/Private Attorney General Act (“PAGA”) action, Jazmina Gerard (and others) challenged a hospital policy that allowed health care employees who worked shifts longer than 10 hours to voluntarily waive one of their two meal periods, even if their shifts lasted longer than 12 hours. Plaintiffs alleged that they…

Beck v. Stratton, 9 Cal. App. 5th 483 (2017)

Anthony Stratton filed a claim against Thomas Beck with the labor commissioner for unpaid wages in the amount of $303.55. After conducting an administrative hearing, the labor commissioner awarded Stratton $303.50 plus an additional $5,757.46 in liquidated damages, interest and statutory penalties for a total award of $6,060.96. Beck then filed an appeal in the…

Batze v. Safeway, Inc., 10 Cal. App. 5th 440 (2017)

Gary Batze, et al., brought this lawsuit against their employer Safeway/Vons for failure to pay overtime wages. The employees alleged that they worked non-managerial tasks that rendered them non-exempt employees. After weeks of trial testimony, the trial court determined that the employees were engaged for more than 50 percent of their work week in…

Sumrall v. Modern Alloys, Inc., 2017 WL 1365089 (Cal. Ct. App. 2017)

Juan Campos was employed as a cement/mason finisher for Modern Alloys, Inc. when he was involved in a collision that injured Michael Sumrall, who was riding a motorcycle. Before his shift, Campos was required to drive from his home to Modern Alloys’ “yard” where he would pick up coworkers and drive a…

Charney v. Standard General, LP, 10 Cal. App. 5th 149 (2017)

Dov Charney, the former president and CEO of American Apparel, Inc., was terminated following an investigation into allegations that he had engaged in various types of misconduct. Following Charney’s departure, Standard General effectively took over American Apparel through its control of company stock and the Board. After Charney’s employment was terminated, Standard General…

Glassdoor, Inc. v. Superior Court, 9 Cal. App. 5th 623 (2017)

Machine Zone, Inc. (“MZ”), a software developer, brought suit against an anonymous former employee (“John Doe”) who allegedly violated a nondisclosure agreement (“NDA”) by posting a review on Glassdoor (a website where workers can post “reviews” of their employers) that allegedly disclosed confidential information concerning MZ and its technology. When Glassdoor refused to…

Rizo v. Yovino, 2017 WL 1505068 (9th Cir. 2017)

Aileen Rizo, who is an employee of the public schools in Fresno County, sued for violation of the federal Equal Pay Act (“EPA”) after she learned that her male counterparts were being paid more for performing the same work. In its summary judgment motion, the county argued that it paid males more than females based…