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:
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 piece-rate units earned and any applicable piece rate if
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 value. After two mediation sessions, the parties moved for
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 Court of Appeal, a new initiative is headed
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 226.3”) apply to a run-of-the-mill PAGA claim involving allegedly incomplete
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 California Labor Code Private Attorneys General Act of 2004 (“PAGA”).
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:
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 nature of the allegations made the PAGA
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 settlement in her lawsuit, which included the
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: