We invite you to review our newly-posted November 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Ninth Circuit Resurrects California’s Anti-Arbitration Statute In-House Counsel’s Claim For Breach Of Oral Promise Of Contingency Fee Was Barred By Statute Employee Can Proceed With … Continue Reading
Morales v. Factor Surfaces LLC, 2021 WL 4818687 (Cal. Ct. App. 2021) Byron Jerry Morales sued his former employer, Factor Surfaces LLC, and its managing agent for unpaid overtime wages, meal and rest break compensation, statutory penalties, and wrongful termination, among other things. After a bench trial, the court awarded Morales $99,394.16, including $42,792 in … Continue Reading
We invite you to review our newly-posted September 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee $3.5 Million Emotional Distress Award Was “Shockingly Disproportionate” To Evidence Of Harm … Continue Reading
Zuniga v. Alexandria Care Ctr., LLC, 2021 WL 3560665 (Cal. Ct. App. 2021) Rosalinda Zuniga was employed by Alexandria Care as a housekeeper who filed a PAGA claim, alleging her former employer failed to provide required meal and rest breaks, to indemnify employees for expenditures and to maintain required records. The trial court excluded the … Continue Reading
Ferra v. Loews Hollywood Hotel, LLC, 11 Cal. 5th 858 (2021) Like the federal Fair Labor Standards Act (FLSA), Cal. Lab. Code § 510 requires that employers pay non-exempt employees overtime at their “regular rate[s] of pay.” Under a different section of the Labor Code and the Industrial Welfare Commission’s Wage Orders, employers also must … Continue Reading
We invite you to review our newly-posted July 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Board of Directors Quota Law May Be Unconstitutional 2:1 Ratio of Punitive to Compensatory Damages Was Appropriate High School Football Coach’s Title VII Claim Was … Continue Reading
Magadia v. Wal-Mart Assocs., Inc., 999 F.3d 668 (9th Cir. 2021) In this class action, Roderick Magadia, a former Walmart employee, alleged violations of California’s meal-break and wage-statement requirements (Cal. Lab. Code §§ 226.7 and 226(a)). After the district court (Judge Lucy H. Koh) determined that Magadia suffered no meal-break violation, it decertified the class, but … Continue Reading
On July 15, 2021, the California Supreme Court issued its decision in Ferra v. Loews Hollywood Hotel, LLC, in which it held that meal and rest break premiums required under California Labor Code section 226.7 (“Section 226.7”) must be paid at non-exempt employees’ regular rate of pay—not merely their base hourly rate. The decision, which … Continue Reading
We invite you to review our newly-posted March 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims LAUSD Teacher Can Proceed With Claim For Disability Allegedly Caused By School’s Wi-Fi System Supreme … Continue Reading
Bernstein v. Virgin Am., Inc., 2021 WL 686281 (9th Cir. 2021) Approximately 25% of Virgin’s flights were between airports in California, and approximately 75% of Virgin’s flight took off or landed at a non-California airport, but the vast majority of those flights retained some connection to California (i.e., arrived in or departed from an airport in … Continue Reading
Donohue v. AMN Servs., LLC, 2021 WL 728871 (Cal. S. Ct. 2021) A unanimous California Supreme Court issued its long-awaited decision in this case, answering two important questions about meal periods: (1) Employers cannot engage in the practice of rounding time punches in the meal period context; and (2) time records showing noncompliant meal periods raise … Continue Reading
We invite you to review our newly-posted January 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim Laid-Off Employee Was Not Discriminated Against On The Basis Of Age … Continue Reading
Harris v. KM Indus., Inc., 980 F.3d 694 (9th Cir. 2020) KM Industrial removed from state to federal court the putative wage/hour class action under the Class Action Fairness Act (CAFA), asserting that the amount in controversy exceeded $5 million. Plaintiff’s motion to remand was based on the argument that KMI unreasonably assumed that the … Continue Reading
Hildebrandt v. Staples the Office Superstore, LLC, 58 Cal. App. 5th 128 (2020) Von Hildebrandt filed a putative class action against Staples asserting that he and other general managers of Staples had been misclassified as exempt from overtime and that, accordingly, they were owed compensation for unpaid overtime, missed rest and meal periods, inaccurate wage … Continue Reading
We invite you to review our newly-posted September 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Entitled To $17.2 Million For Wrongful Termination/Defamation “Continuing Violation” Theory Saves Employee’s Sexual Harassment Claim Tortious Interference With At-Will Contract Requires Independently Wrongful Act … Continue Reading
Davidson v. O’Reilly Auto Enter., LLC, 968 F.3d 955 (9th Cir. 2020) Kia Davidson worked as a delivery specialist at one of O’Reilly’s stores in San Bernardino. In this putative class action, Davidson alleged that she and other employees did not receive their rest breaks as required by state law based upon the fact that … Continue Reading
Li v. Department of Indust. Relations, 2020 WL 4814112 (Cal. Ct. App. 2020) Fushan Li, the owner of four massage parlors in Lawndale, received three citations from the Labor Commissioner for violations of the state’s wage and hour laws. Citations ordering Li to pay a total of $198,576 in unpaid wages and liquidated damages were … Continue Reading
Starks v. Vortex Indus., Inc., 2020 WL 5015248 (Cal. Ct. App. 2020) Chad Starks gave notice to the Labor and Workforce Development Agency (LWDA) of his allegations that his employer (Vortex) had violated certain Labor Code requirements that employers pay overtime wages and provide meal and rest periods and comply with various other requirements of … Continue Reading
We invite you to review our newly-posted July 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Supreme Court Recognizes Discrimination Protection For Gay/Transgender Employees Under Title VII Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Struck Down … Continue Reading
Brady v. AutoZone Stores, 960 F.3d 1172 (9th Cir. 2020) Michael Brady sued AutoZone Stores for alleged violations of Washington State’s meal break laws. After several years of litigation, the district court denied Brady’s motion for class certification; Brady then settled his individual claims with AutoZone. Although the settlement agreement stated that it was “not … Continue Reading
Barriga v. 99 Cents Only Stores LLC, 2020 WL 3481717 (Cal. Ct. App. 2020) Sofia Wilton Barriga filed this lawsuit against her employer, 99 Cents Only, alleging that the “zero-tolerance” policy requiring its stores to lock their doors at closing time forced nonexempt employees such as herself and those similarly situated to wait for as … Continue Reading
David v. Queen of the Valley Med. Ctr., 2020 WL 3529683 (Cal. Ct. App. 2020) Registered nurse Joana David sued her former employer, Queen of the Valley Medical Center, for allegedly failing to pay her for meal breaks and rest periods and for failure to pay minimum wage. David also alleged she was not paid … Continue Reading
We invite you to review our newly-posted March 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Time Spent By Employees In Exit Searches Is Compensable Prior Pay Is Not A Defense To An Equal Pay Act Claim Constructive Termination And Joint … Continue Reading
Grande v. Eisenhower Med. Ctr., 44 Cal. App. 5th 1147 (2020) Lynn Grande was assigned through a temporary staffing agency (FlexCare) to work as a nurse at Eisenhower Medical Center. Grande was a named plaintiff in a class action prosecuted against FlexCare in which she alleged she had not received her required meal and rest … Continue Reading
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