Mora v. Webcor Constr., L.P., 20 Cal. App. 5th 211 (2018)

Steven Mora filed this putative class action/PAGA claim against his former employer, Webcor Construction, for violation of the California wage statement statute (Cal. Lab. Code § 226(a)) based upon payments made to a union vacation trust fund authorized by the Labor Management Relations Act of 1947 (“LMRA”). The trial court sustained the

Lopez v. Friant & Assocs., LLC, 15 Cal. App. 5th 773 (2017)

Eduardo Lopez filed this action seeking recovery of civil penalties under the Labor Code Private Attorneys General Act of 2004 (“PAGA”) for his employer’s failure to include the last four digits of its employees’ Social Security numbers or employee identification numbers on itemized wage statements in violation of Cal. Lab. Code §

Williams v. Superior Court, 3 Cal. 5th 531 (2017)

Michael Williams was an employee of Marshalls of CA in Costa Mesa, California. After slightly more than a year of employment, Williams brought a representative action against Marshalls under the Labor Code Private Attorneys General Act of 2004 (“PAGA”), alleging Marshalls had failed to provide its employees with meal and rest breaks, accurate wage statements,

Kao v. Joy Holiday, 2017 WL 2590653 (Cal. Ct. App. 2017)

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 later arrived in California on a tourist visa

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

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in addition to the other six new laws that we reported on in September:

  • Signed legislation:
    • Sick Leave: Accrual And Limitations Language Clarified (AB 304)
    • Employers Prohibited From Using E-Verify

Heritage Residential Care, Inc. v. Division of Labor Standards Enforcement, 192 Cal. App. 4th 75 (2011)

Heritage Residential, a company that operates seven residential care facilities, employed 24 workers, 16 of whom lacked social security numbers. Heritage treated the 16 employees who did not have social security numbers as independent contractors and issued them 1099 statements rather than itemized wage statements. Following a workplace