California Employment Law Update

Tag Archives: class action

May 2022 California Employment Law Notes

We invite you to review our newly-posted May 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Former UCLA Physician Can Proceed With Whistleblower Claims Former Employee Adequately Alleged Disability Under The ADA California Resident May Rely Upon Labor Code § 925 … Continue Reading

Court Improperly Remanded Action To State Court Based On Amount In Controversy Under CAFA

Jauregui v. Roadrunner Transp. Servs., Inc., 28 F.4th 989 (9th Cir. 2022) Griselda Jauregui filed this putative class action in California state court against Roadrunner Transportation Services on behalf of all current and former hourly workers in California. The complaint alleged numerous violations of California wage and hour law. Roadrunner removed the case to federal … Continue Reading

Trial Court Should Not Have Dismissed PAGA Claims On Unmanageability Grounds

Estrada v. Royalty Carpet Mills, Inc., 76 Cal. App. 5th 685 (2022) In this PAGA case, the trial court relied upon Wesson v. Staples the Office Superstore, LLC, 68 Cal. App. 5th 746 (2021) in which the Court of Appeal held that trial courts have inherent authority to strike unmanageable PAGA claims. The Court of … Continue Reading

March 2022 California Employment Law Notes

We invite you to review our newly-posted March 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: California Relaxes Standard For Proving Whistleblower Claims At-Will Employee Can Proceed With Labor Code § 970 Claim Doctor Proved Age/Race/Gender Discrimination Former Owner of Company Is … Continue Reading

Court Properly Denied Class Certification For Wage Hour Claims Involving Rounding

Cirrincione v. American Scissor Lift, Inc., 73 Cal. App. 5th 619 (2022) Jason Cirrincione filed a putative class action lawsuit against his former employer for various wage and hour violations, including failure to pay overtime and minimum wages, meal and rest breaks, waiting time penalties, Cal. Labor Code § 2802, etc. These claims were predicated … Continue Reading

Heightened Standard Of Fairness Required For Approval Of Class Action Settlement

Peck v. Swift Transp. Co. of Ariz., 2022 WL 414692 (9th Cir. 2022) In evaluating a settlement of a class action involving Cal. Labor Code § 2802 (employer indemnity for employee expenses), the district court stated that “the parties engaged in arm’s-length, serious, informed and non-collusive negotiations between experienced and knowledgeable counsel … after mediation … Continue Reading

January 2022 California Employment Law Notes

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: Manicurist Can Proceed With Hostile Work Environment Claim “Volunteers for Nonprofits Are Not Employees” – Court Affirms Order In Favor Of The American Film Institute … Continue Reading

“Volunteers for Nonprofits Are Not Employees” – Court Affirms Order In Favor Of The American Film Institute

Woods v. American Film Institute, 2021 WL 5978072 (Cal. Ct. App. 2021) Laurie Woods worked for four days as a volunteer at the AFI Film Festival in Los Angeles. She alleges that she worked between 12 and 14 hours each of those days and that she and the other volunteers she purported to represent in … Continue Reading

March 2019 California Employment Law Notes

We invite you to review our newly-posted March 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right; Former Accountant Could Proceed With Whistleblower Lawsuit; Employer Violated FCRA With Improper Background Check Notice; Fruit Growers May … Continue Reading

Court Should Not Have Denied Certification Of Class Of Drivers Seeking Wage & Hour Remedies

Jimenez-Sanchez v. Dark Horse Exp., Inc., 2019 WL 626349 (Cal. Ct. App. 2019) The trial court denied plaintiffs’ motion for class certification of a putative class consisting of employees who worked as drivers transporting milk within California. Plaintiffs allege failure to compensate for all hours worked; failure to schedule meal periods; failure to provide uninterrupted … Continue Reading

September 2018 California Employment Law Notes

We invite you to review our newly-posted September 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employer Must Obtain Written Authorization To Conduct Background Check Some Of California’s “Sanctuary State” Employer Obligations Are Struck Down No-Employment Provision In Settlement Agreement Is An Unenforceable Restraint  Court … Continue Reading

Taco Bell Did Not Deny Meal Breaks By Providing Employee Discounts For Meals Eaten On Premises

Rodriguez v. Taco Bell Corp., 896 F.3d 952 (9th Cir. 2018) In this putative class action, employees challenged a special offer that Taco Bell provided to its employees:  They could receive discounted meals and complimentary soft drinks so long as they ate the discounted meals on the premises of the restaurant.  On behalf of the … Continue Reading

Class Action Dismissed For Failure To Bring Lawsuit To Trial Within Five Years

Martinez v. Landry’s Rest., Inc., 2018 WL 4091279 (Cal. Ct. App. 2018) The trial court dismissed this putative class action due to plaintiffs’ failure to bring it to trial within five years as required by the Code of Civil Procedure.  The Court of Appeal affirmed, holding that the trial court did not abuse its discretion … Continue Reading

Lower Court Should Have Certified Registered Nurses’ Class Action

Sali v. Corona Reg’l Med. Ctr., 2018 WL 2049680 (9th Cir. 2018) Marilyn Sali and Deborah Spriggs sued Corona Regional Medical Center on behalf of seven putative classes of registered nurses who were allegedly underpaid their wages; not paid for all overtime hours worked; and not provided accurate wage statements, among other things. The district … Continue Reading

Delivery Drivers Were Improperly Classified As Independent Contractors

Dynamex Operations West, Inc. v. Superior Court, 2018 WL 1999120 (Cal. S. Ct. 2018) Two delivery drivers for Dynamex filed this putative class action on behalf of similarly situated drivers, alleging that they were misclassified as independent contractors rather than employees for purposes of Industrial Wage Commission Order No. 9 (governing the transportation industry). At … Continue Reading

Employer Did Not Waive Its Right To Remove Action to Federal Court By Filing Demurrer

Kenny v. Wal-Mart Stores, Inc., 881 F.3d 786 (9th Cir. 2018) Kris Kenny filed a putative class action in California state court, challenging Wal-Mart’s policy requiring employees who have suffered workplace-related injuries to submit to drug and/or urine testing. Wal-Mart filed a demurrer in response to the complaint, but before the hearing date on the … Continue Reading

Payments Made To Union Trust Fund Are Not Subject To California Wage Statement Law

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 … Continue Reading

Class Certification Was Properly Denied In Outside Sales Exemption Case

Duran v. U.S. Bank Nat’l Ass’n, 19 Cal. App. 5th 630 (2018) Samuel Duran and Matt Fitzsimmons filed this wage-and-hour class action challenging the Bank’s classification of its business banking officers as exempt employees under the outside salesperson exemption. The trial court denied class certification after concluding plaintiffs had failed to carry their burden of … Continue Reading

It’s Time to Think About Arbitration Agreements Again Following Recent $15 Million+ Employee Verdicts

Jury panels in the Los Angeles Superior Court (which is often referred to as “The Bank” by the plaintiffs’ bar) have recently delivered multimillion-dollar verdicts to former-employee plaintiffs.  Many employers doing business in California already have insulated themselves from such disasters by adopting comprehensive arbitration regimes, which would require that such cases be heard by a retired … Continue Reading

Texas Choice Of Forum and Choice Of Law Provisions Violated California Public Policy

Verdugo v. Alliantgroup, L.P., 237 Cal. App. 4th 141 (2015) Rachel Verdugo, an associate director in the Irvine office of Alliantgroup, filed this putative class action against her employer for various violations of the California Labor Code governing overtime compensation, meal and rest breaks, vacation pay, the Private Attorneys General Act and accurate wage statements. … Continue Reading

Class Action Plaintiffs Must Develop A Trial Plan That May Include Statistical Sampling

Duran v. U.S. Bank Nat’l Ass’n, 59 Cal. 4th 1 (2014) Plaintiffs in this case are loan officers for U.S. Bank (“USB”) who claim they were misclassified as exempt employees under the outside salesperson exemption. After certifying a class of 260 plaintiffs, the trial court devised a plan to determine the extent of USB’s liability … Continue Reading

California Supreme Court Leaves Unanswered Questions in Independent Contractor Case

On Monday, June 30, 2014, the California Supreme Court handed down its decision in Ayala v. Antelope Valley Newspapers, a lawsuit brought on behalf of a group of newspaper delivery carriers who alleged that they had been misclassified as independent contractors instead of employees.  The trial court had initially denied certification, finding that common issues … Continue Reading
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