We invite you to review our newly-posted January 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Manicurist Can Proceed With Hostile Work Environment Claim “Volunteers for Nonprofits Are Not Employees” – Court Affirms Order In Favor Of The American Film Institute … Continue Reading
Gunther v. Alaska Airlines, Inc., 72 Cal. App. 5th 334 (2021) Julie Gunther is an Alaska Airlines flight attendant who lives in San Diego. In this PAGA claim, Gunther alleged that her wage statements are not compliant with Cal. Labor Code § 226 because they fail to state the total hours worked; the number of … Continue Reading
Moniz v. Adecco USA, Inc., 72 Cal. App. 5th 56 (2021) Rachel Moniz filed a PAGA notice with the Labor Workforce and Development Agency (“LWDA”) and a subsequent lawsuit alleging that Adecco, her former employer, maintained and implemented unlawful limitations on the disclosure of information such as wages, working conditions and non-public information of commercial … Continue Reading
Things aren’t looking so good for the long-term health of the Labor Code Private Attorneys General Act (“PAGA”). On top of the U.S. Supreme Court’s granting review of a case challenging PAGA’s anti-arbitration rule (as we reported here) and a separate challenge brought by an association of California business owners currently pending before the California … Continue Reading
Christmas came early this year for California employers. Bucking the trend of unrelentingly bad news for employers in the state, the California Court of Appeal has held that the default (lower) penalties found in the Labor Code Private Attorneys General Act (“PAGA”) and not the heightened penalties set forth in Labor Code section 226.3 (“Section … Continue Reading
While the California Supreme Court has repeatedly upheld arbitration agreements with class action waivers (as they must under the Federal Arbitration Act), in a now infamous (and controversial) decision from 2014, the court held that an arbitration agreement could not include an enforceable waiver of an employee’s right to bring a “representative” action under the … Continue Reading
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
Wesson v. Staples the Office Superstore, LLC, 68 Cal. App. 5th 746 (2021) Fred Wesson sued Staples under PAGA, seeking $36 million in civil penalties for Labor Code violations related to an alleged misclassification of its store general managers. At trial, Staples moved to strike Wesson’s PAGA claim, arguing that the number of employees and the … Continue Reading
Amaro v. Anaheim Arena Mgmt., LLC, 69 Cal. App. 5th 521 (2021) In 2017, Irean Amaro filed this wage and hour class action and Private Attorneys General Act (PAGA) claim against her employer; there already were two existing class actions asserting the same claims, which were filed in 2014 and 2016. After Amaro reached a global … 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
We have long reported about that modern marvel of well-intentioned legislation gone awry known as the Private Attorneys General Act (“PAGA”) – and we also have noted that in practice, PAGA stands for Pretty-much All Goes to the Attorneys. A recently published report (the “Report”) from some of the former leaders of the California Department … 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
Crestwood Behavioral Health, Inc. v. Superior Court, 2021 WL 613700 (Cal. Ct. App. 2021) In this writ proceeding the Court of Appeal determined that venue is proper under the Private Attorneys General Act (PAGA) in any county in which the employer allegedly committed Labor Code violations – rather than only in the county where the … Continue Reading
The California Chamber of Commerce and nearly 200 other organizations joined in a January 13 letter to the Governor and the leadership of the state Senate and Assembly, urging them to stave off a growing exodus of businesses by loosening the regulatory yoke on California employers. In the letter, the Chamber encouraged that the Governor “take … 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
Rojas-Cifuentes v. Superior Court, 2020 WL 7488653 (Cal. Ct. App. 2020) Miguel Angel Rojas-Cifuentes filed a Private Attorneys General Act (PAGA) claim against his former employer, American Modular Systems, Inc. (AMS), in which he alleged violations of the law that requires employers to keep accurate time and payroll records and to compensate employees “for substantial … Continue Reading
We invite you to review our newly-posted November 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Court Affirms $4.26 Million Jury Award For “Self-Published Defamation” Court Affirms Dismissal Of Trade Secrets Claim Brought Against Apple Employer Gets No Relief From $1.6 … Continue Reading
Doe v. Google, Inc., 54 Cal. App. 5th 948 (2020) Google requires its employees to comply with various confidentiality policies, including policies that allegedly prevent employees from using or disclosing the “skills, knowledge, and experience” they obtained at Google for purposes of competing with Google; policies that prevent employees from disclosing violations of state and … 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
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
Kec v. Superior Court, 2020 WL 3869721 (Cal. Ct. App. 2020) Nichole Kec brought individual, class and Private Attorneys General Act (PAGA) claims against her employer, R.J. Reynolds Tobacco Co., et al. Kec had signed a predispute contractual waiver of class actions and any “other representative action,” including a PAGA claim. The arbitration agreement further … Continue Reading
Even after the Supreme Court’s favorable decision in Epic Systems Corp. v. Lewis (“Epic”), California courts will not compel a PAGA claim to arbitration. In Collie v. The Icee Co., a former employee of The Icee Company, Tauran Collie, alleged a single cause of action under California’s Private Attorney General Act (“PAGA”) against her former … Continue Reading
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