Employment Law

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Cadena v. Customer Connexx LLC, 2024 WL 3352712 (9th Cir. July 10, 2024)

Customer Connexx LLC operates a call center for an appliance recycling business, and plaintiffs Cariene Cadena and Andrew Gonzales worked as call center agents for the company.  As part of their jobs, agents had to use an electronic timekeeping software to track when they clocked in and out.  To clock in…

Ibarra v. Chuy & Sons Labor, Inc., 102 Cal. App. 5th 874 (2024)

The trial court dismissed Edelmira Ibarra’s action under the Private Attorneys General Act of 2004 (“PAGA”) on the ground that Ibarra failed to comply with PAGA’s prefiling notice requirements.  Ibarra’s notice identified four named defendants who employed Ibarra from January 2021 to July 2021 and alleged that all four defendants committed…

Chavez v. Alco Harvesting, LLC, 102 Cal. App. 5th 866 (2024)

Plaintiff Maria Chavez’s husband alleged that her husband died due to COVID-19 complications in July 2020, after contracting the disease while working for his employer, Alco Harvesting, LLC.  Per Chavez’s complaint, the company placed Chavez’s husband in “close living quarters” that precluded social distancing and “facilitated the transmission of COVID-19.”  Alco allegedly became…

Hernandez v. Sohnen Enterprises, Inc., 102 Cal. App. 5th 222 (2024)

In this decision, the Court of Appeal held that the Federal Arbitration Act (FAA) preempts California Code of Civil Procedure Section 1281.97, which requires that an employer pay (and the arbitrator receive) all arbitration fees that are owed within 30 days or face an automatic “waiver” of the right to arbitrate.  The Court…