California Employment Law Update

Category Archives: Class Actions

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November 2019 California Employment Law Notes

We invite you to review our newly-posted November 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners College Professor Was Retaliated Against For Complaining About Hostile Environment Discriminatory Failure-To-Hire Claim Must … Continue Reading

March 2019 California Employment Law Notes

We invite you to review our newly-posted March 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right; Former Accountant Could Proceed With Whistleblower Lawsuit; Employer Violated FCRA With Improper Background Check Notice; Fruit Growers May … Continue Reading

January 2019 California Employment Law Notes

We invite you to review our newly-posted January 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: School Teacher’s ADA Claim Against Catholic School Was Not Barred By “Ministerial Exception” City Attorney Should Not Have Been Disqualified From Representing City Prevailing Employer Should Not Have … Continue Reading

Employees Who Voluntarily Used Company Vehicle Are Not Entitled To Travel Time

Hernandez v. Pacific Bell Tel. Co., 29 Cal. App. 5th 131 (2018) Employees of Pacific Bell who install and repair video and internet services in customers’ homes asserted a putative class action against the company for allegedly unpaid compensation for time they spent traveling in an employer-provided vehicle (loaded with equipment and tools) between their … Continue Reading

Property Inspectors’ Putative Class Action Was Properly Denied Certification

McCleery v. Allstate Ins. Co., 2018 WL 6583916 (Cal. Ct. App. 2018) Plaintiffs/property inspectors alleged they were improperly hired as independent contractors by insurance companies and sought payment of unpaid minimum wages, overtime, meal and rest breaks, employee expense reimbursements as well as compliance with various other Labor Code provisions. The trial court concluded that … Continue Reading

We’re #1 Again! California Tops “Judicial Hellhole” List!

The American Tort Reform Foundation has just released its annual report on “Judicial Hellholes.”  The Report claims that in California, the legislature and courts “extend liability at almost every given opportunity,” including fostering “no-injury” litigation in the form of class action and PAGA (Private Attorneys General Act) lawsuits in the workplace. California takes the number … Continue Reading

Successive Class Action Was Not Barred By Statute Of Limitations

Fierro v. Landry’s Rest. Inc., 23 Cal. App. 5th 325 (2018) Jorge Fierro filed this class action, claiming that he and the other members of the putative class were misclassified as exempt employees and that, in fact, they were non-exempt, non-managerial employees who are owed unpaid overtime wages and penalties. Landry’s responded by filing a … Continue Reading

Supreme Court Upholds Employee Class Action Waivers

Epic Sys. Corp. v. Lewis, 584 U.S. ___, 138 S. Ct. 1612 (2018) The United States Supreme Court ruled that employers may require their employees to arbitrate disputes with the employer individually and waive their right to pursue or participate in a class or collective action against the employer. In a 5-4 ruling in favor … Continue Reading

Supreme Court Rules in Favor of Employers in Upholding Arbitration Agreements Containing Class Action Waivers

On May 21, 2018, the Supreme Court of the United States ruled in Epic Systems Corp. v. Lewis that employers can require employees to arbitrate disputes with the employer individually and waive their right to pursue or participate in class or collective actions against their employer. Ruling 5-4 in favor of an employer’s right to … Continue Reading

Lower Court Should Have Certified Registered Nurses’ Class Action

Sali v. Corona Reg’l Med. Ctr., 2018 WL 2049680 (9th Cir. 2018) Marilyn Sali and Deborah Spriggs sued Corona Regional Medical Center on behalf of seven putative classes of registered nurses who were allegedly underpaid their wages; not paid for all overtime hours worked; and not provided accurate wage statements, among other things. The district … Continue Reading

Staffing Company Was Not Liable For Failure To Provide Meal Periods

Serrano v. Aerotek, Inc., 21 Cal. App. 5th 773 (2018) Norma Serrano brought this putative class action against her employer (Aerotek), which placed her as a temporary employee with its client (Bay Bread). Serrano alleged violations of the Labor Code and of the Private Attorneys General Act (PAGA) based upon, among other things, Aerotek’s alleged … Continue Reading

Delivery Drivers Were Improperly Classified As Independent Contractors

Dynamex Operations West, Inc. v. Superior Court, 2018 WL 1999120 (Cal. S. Ct. 2018) Two delivery drivers for Dynamex filed this putative class action on behalf of similarly situated drivers, alleging that they were misclassified as independent contractors rather than employees for purposes of Industrial Wage Commission Order No. 9 (governing the transportation industry). At … Continue Reading

Employer Did Not Waive Its Right To Remove Action to Federal Court By Filing Demurrer

Kenny v. Wal-Mart Stores, Inc., 881 F.3d 786 (9th Cir. 2018) Kris Kenny filed a putative class action in California state court, challenging Wal-Mart’s policy requiring employees who have suffered workplace-related injuries to submit to drug and/or urine testing. Wal-Mart filed a demurrer in response to the complaint, but before the hearing date on the … Continue Reading

Payments Made To Union Trust Fund Are Not Subject To California Wage Statement Law

Mora v. Webcor Constr., L.P., 20 Cal. App. 5th 211 (2018) Steven Mora filed this putative class action/PAGA claim against his former employer, Webcor Construction, for violation of the California wage statement statute (Cal. Lab. Code § 226(a)) based upon payments made to a union vacation trust fund authorized by the Labor Management Relations Act … Continue Reading

Class Certification Was Properly Denied In Outside Sales Exemption Case

Duran v. U.S. Bank Nat’l Ass’n, 19 Cal. App. 5th 630 (2018) Samuel Duran and Matt Fitzsimmons filed this wage-and-hour class action challenging the Bank’s classification of its business banking officers as exempt employees under the outside salesperson exemption. The trial court denied class certification after concluding plaintiffs had failed to carry their burden of … Continue Reading

Certification Of Claims Examiners’ Putative Class Action Was Properly Denied

Kizer v. Tristar Risk Mgmt., 13 Cal. App. 5th 830 (2017) Plaintiffs Valerie Kizer and Sharal Williams filed this putative class action, alleging their former employer had misclassified them and other similarly situated claims examiners as exempt from overtime. The trial court denied the class certification motion on the ground that plaintiffs had failed to … Continue Reading

PAGA Employee Can Obtain Contact Information For All Employees Statewide

Williams v. Superior Court, 3 Cal. 5th 531 (2017) Michael Williams was an employee of Marshalls of CA in Costa Mesa, California. After slightly more than a year of employment, Williams brought a representative action against Marshalls under the Labor Code Private Attorneys General Act of 2004 (“PAGA”), alleging Marshalls had failed to provide its … Continue Reading

It’s Time to Think About Arbitration Agreements Again Following Recent $15 Million+ Employee Verdicts

Jury panels in the Los Angeles Superior Court (which is often referred to as “The Bank” by the plaintiffs’ bar) have recently delivered multimillion-dollar verdicts to former-employee plaintiffs.  Many employers doing business in California already have insulated themselves from such disasters by adopting comprehensive arbitration regimes, which would require that such cases be heard by a retired … Continue Reading

Trial Court Erred By Failing To Certify Class Action For Unpaid Rest Periods

Bartoni v. American Med. Response W., 11 Cal. App. 5th 1084 (2017) Current and former employees of an ambulance service company sued their employer for unpaid meal and rest periods. The complaint alleges claims on behalf of a putative class as well as non-class claims under the Private Attorneys General Act of 2004 (“PAGA”). The … Continue Reading

Health Care Employees Can Waive Their Second Meal Period

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 … Continue Reading

Safeway/Vons Assistant Managers Were Properly Classified As Exempt From Overtime

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 … Continue Reading

Lawyers In Putative Class Action Were Properly Disqualified Based Upon Representation Of Another Class

Walker v. Apple, Inc., 4 Cal. App. 5th 1098 (2016) The trial court disqualified the attorneys for a putative class led by Stacey and Tyler Walker based upon the lawyers’ concurrent representation of a certified class in another wage and hour class action (the Felczer class) pending against the same employer (Apple). In its disqualification … Continue Reading
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