We invite you to review our newly-posted January 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
appeal

Rest-Break Class Gets Second Chance for Class Certification
Miles v. Kirkland’s Stores, 2024 WL 74698 (9th Cir. 2024)
Ariana Miles was employed by Kirkland’s, a chain of home décor stores, from February 2011 to July 2018. She sued her former employer under two theories. First, she alleged that the company unlawfully required its employees to remain in the store during their rest breaks. She also alleged that employees were forced to work…
November 2023 California Employment Law Notes
We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims
- Disability Discrimination Claim Was Properly Dismissed On Summary Judgment
- Employee’s Attorney’s “Pervasive Incivility” Justified $460,000 Reduction In Fees
- Employees Were Properly Awarded $7.2 Million
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Lawyer-Investigators Recover Attorneys’ Fees Following Successful Anti-SLAPP Motion
Ross v. Seyfarth Shaw LLP, 96 Cal. App. 5th 722 (2023)
Plaintiff Natalie Operstein was a professor of linguistics at California State University, Fullerton, and plaintiff Craig Ross is her husband. In 2014, the university hired a law firm to investigate multiple accusations Operstein raised to her superiors about three of Operstein’s colleagues. Defendant Colleen Regan, then a partner at the law firm, led…
COVID-19 Emergency Order Extending Statute Of Limitations For Civil Cases Upheld
LaCour v. Marshalls of Cal., LLC, 2023 WL 5543622 (Cal. Ct. App. 2023)
Plaintiff Robert LaCour, a former “loss prevention specialist” for Marshalls, appealed from a judgment in favor of his former employer and certain affiliated entities. Marshalls filed a demurrer arguing that because LaCour’s employment with Marshalls ended in May 2019, he had only a year and 65 days to bring a PAGA…
PAGA Plaintiffs May Maintain Representative Claims In Court After Individual Claims Are Compelled To Arbitration
Adolph v. Uber Techs., Inc., 14 Cal. 5th 1104 (2023)
After months of anticipation, the California Supreme Court answered “yes” to the critical question of whether “aggrieved” PAGA plaintiffs retain their standing to pursue representative claims in court after their individual claims have been compelled to arbitration.
Erik Adolph worked as a driver for Uber, delivering food to customers through Uber’s online platform. As…
September 2023 California Employment Law Notes
We invite you to review our newly-posted September 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
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Employers Owe No Duty Of Care To Prevent The Spread Of COVID To Employees’ Household Members
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School District Employer Did Not Violate The Law By Requiring COVID Vaccination/Weekly Testing
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Employer Must Prove “Substantial Increased
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Employee’s Overtime Claims Were Barred By Settlement Agreement
Larner v. Los Angeles Doctors Hosp. Associates, LP, 168 Cal. App. 4th 1291 (2008)
Josephine Larner, a nurse, sued her former employer, a hospital, for allegedly unpaid overtime. Larner brought the action on behalf of herself and all current and former nonexempt workers employed by defendants who failed to receive required premium overtime wages for the previous four years. The hospital successfully moved for…
Court Was Not Required To Dismiss Appeal Of Employer That Failed To Post Bond
Progressive Concrete, Inc. v. Parker, 136 Cal. App. 4th 540 (2006)
Ron Parker was employed as a sales coordinator by both Progressive and another company. The Labor Commissioner awarded Parker $133,339.38 in unpaid wages, interest and penalties. Progressive filed a notice of appeal with the San Diego County Superior Court, requesting a de novo hearing of Parker’s claims. The trial court stayed execution of…
Attorney’s Fees May Be Assessed Against Employee Who Fails To Improve On Labor Commissioner’s Award
Smith v. Rae-Venter Law Group, 29 Cal. 4th 345 (2002)
Following Timothy L. Smith’s resignation as an associate with the Rae-Venter Law Group (RVLG), he filed a claim with the Labor Commissioner and obtained an award for unpaid vacation pay, some miscellaneous deductions and expense reimbursements and statutory prejudgment interest. Smith also sought but failed to recover an unpaid bonus and waiting-time penalties. Smith…