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
Medina v. Equilon Enter., LLC, 68 Cal. App. 5th 868 (2021) Santiago Medina worked as a gas station cashier and manager for Equilon Enterprises, which is a Shell Oil Company subsidiary doing business as Shell Oil Products US. Medina sued Equilon and Shell for various wage/hour violations, arguing that Shell was his joint employer. The trial … 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
As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state. We have summarized the most important ones for you here: Arbitration Arbitration fees will now need to be paid upon receipt of invoice unless the … 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
Last week, New York announced new tax increases that will subject certain of its residents to higher personal income tax rates than even Californians pay. Before the pages on that bill had cooled, the California legislature was well on its way to showing it would not relinquish its top-of-the-heap status without a fight by proposing … Continue Reading
The California Department of Industrial Relations (DIR) recently updated its Guide to COVID-19 Related Frequently Asked Questions to include wage and hour issues related to employer-mandated COVID-19 tests or vaccinations. According to this latest guidance, if an employer requires employees to obtain a COVID-19 test or vaccination, the employer must pay “for the time it takes for … 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
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
Gulf Offshore Logistics, LLC v. Superior Court, 58 Cal. App. 5th 264 (2020) Non-California resident crew members of the “Adele Elise” (a vessel that provides services to oil platforms located off the coast of California) filed this putative class action alleging multiple violations of California wage and hour law. The owner/operators of the vessel (all … Continue Reading
Kao v. Joy Holiday, 58 Cal. App. 5th 199 (2020) Ming-Hsiang Kao was employed by Joy Holiday (a travel tour company) initially performing IT-related duties and then eventually as its office manager. While he was still in Taiwan, Kao worked with Jessy Lin (one of the owners of Joy Holiday) as a tour organizer. Kao … 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
As expected, the White House issued a memorandum to the heads of all executive departments and agencies within the first few hours after President Biden’s inauguration on January 20, requesting that they halt all non-emergency rulemaking and regulatory activity pending review by the new administration. The memo effectively does away with the U.S. Department of Labor (DOL)’s … Continue Reading
On January 14, 2021, the California Supreme Court decided, at the request of the Ninth Circuit, that its decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018) applies retroactively. Vazquez v. Jan-Pro Franchising International, Inc. (SC S258191 1/14/21). Dynamex adopted the “ABC test” for determining whether a worker is an employee … 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
Semprini v. Wedbush Secs., Inc., 2020 WL 6557549 (Cal. Ct. App. 2020) Joseph Semprini and another employee filed this putative class action against Wedbush for various wage and hour violations based upon an alleged misclassification of similarly situated financial advisors who were treated as exempt employees. Wedbush classified its California financial advisors as exempt from … Continue Reading
Kramer v. Traditional Escrow, Inc., 56 Cal. App. 5th 13 (2020) Michelle Kramer filed this wage and hour lawsuit against her employer and its alleged alter ego. A few months after defendants answered the initial complaint, their counsel withdrew, and defendants subsequently chose not to participate in the case. In violation of the California Rules … 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
Adams v. West Marine Prods., Inc., 958 F.3d 1216 (9th Cir. 2020) Adrianne Adams filed a putative wage and hour class action in state court, which her former employer (West Marine) removed to federal court under the federal Class Action Fairness Act “CAFA”. Invoking the discretionary home state controversy exception to CAFA jurisdiction, the district … Continue Reading
Mattei v. Corporate Mgmt. Solutions, Inc., 2020 WL 3970367 (Cal. Ct. App. 2020) Alyosha Mattei and three other lighting technicians, all members of Local 728 of the IATSE trade union, worked on the production of a television commercial that was produced under the 2016 Commercial Production Agreement (CPA) – to which IATSE and the Association … 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
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