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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 on the employer’s policy and/or practice of rounding the…

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 with a neutral mediator. The settlement agreement is therefore…

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:

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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 this putative class action were unpaid. Woods further alleged…

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:

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Fierro v. Landry’s Rest. Inc., 2019 WL 658710 (Cal. Ct. App. 2019)

Jorge Fierro filed this class action, claiming that he and the other members of the putative class were misclassified as exempt employees and that, in fact, they were non-exempt, non-managerial employees who are owed unpaid overtime wages and penalties. Landry’s responded by filing a demurrer, asserting that the claims are barred by…

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 duty-free meal periods of at least 30 minutes; failure…

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:

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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 putative class, Bernardina Rodriguez claimed the employees should…

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 by failing to exclude from its calculation of the…