PAGA

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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 trial court denied plaintiffs’ class certification motion, but in…

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…

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…

Silva v. See’s Candy Shops, Inc., 7 Cal. App. 5th 235 (2017)

The Court of Appeal held that the trial court properly granted summary judgment to See’s Candy as to the class-certified claims for failure to properly pay wages as a result of the employer’s rounding and grace-period policies, based on expert testimony that employees were paid for all of their work under See’s…

Soto v. Motel 6 Operating, L.P., 4 Cal. App. 5th 385 (2016)

Lidia Soto sued her former employer, Motel 6 Operating, L.P., for violation of Labor Code § 226(a) for failing to include the monetary value of accrued vacation pay in its employees’ wage statements. Soto sued in her individual capacity and also on behalf of all aggrieved workers under the Private Attorney General…

Around this time last year, Section 1197.5 of the California Labor Code was amended by S.B. 358 in order to “eliminate the gender wage gap in California.” Among other things, the amendment sought to increase wage transparency and made it more difficult for employers to defend against gender-based equal pay claims.

On September 30, 2016, California Gov. Jerry Brown signed S.B. 1063, further expanding…

Alvarado v. Dart Container Corp. of Cal., 243 Cal. App. 4th 1200 (2016)

According to Dart’s written policy, a $15 attendance bonus would be paid to any employee who was scheduled to work a weekend shift and completed the full shift. Hector Alvarado challenged Dart’s calculation of overtime payments and sued for violations of the Labor Code and the Private Attorneys’ General Act (PAGA). The…

Alcantar v. Hobart Serv., 800 F.3d 1047 (9th Cir. 2015)

Joséluis Alcantar filed this action against his employer to represent a putative class of service technicians for the time spent commuting in the employer’s service vehicles from their homes to their jobsites and then back again. Alcantar also alleged failure to provide the technicians with meal and rest breaks. The district court denied class…

This law amends Labor Code § 1197.5 (SB 358):

Broader Prohibition of Gender Wage Differentials Enacted

Currently, Section 1197.5 prohibits an employer from paying an employee at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work. The amendment revises this prohibition, instead prohibiting an employer from paying an employee at wage rates less than…

This law, which became effective immediately, amends the Private Attorneys General Act (“PAGA”) to provide an employer with the right to cure a violation of the requirement that an employer provides its employees with the inclusive dates of the pay period and the name and address of the employer before an employee may bring a civil action under PAGA. An employer can utilize this cure…