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:
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 Have Been Joint
Successive Class Action May Be Barred By Statute Of Limitations
Fierro v. Landry’s Rest. Inc., 2019 WL 658710 (Cal. Ct. App. 2019)
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 demurrer, asserting that the claims are barred by
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 Been Awarded CCP § 998 Costs
- Employer
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 homes and a customer’s residence under an optional
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 plaintiffs’ proposed class action would not be superior to
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 one spot for the fourth time in the last seven
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 demurrer, claiming that the claims are barred by
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 of an employer’s right to include class action waivers
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 include class action waivers in its arbitration agreements, the Court