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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…

We invite you to review our newly-posted January 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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Kaanaana v. Barrett Bus. Servs., Inc., 2018 WL 6261482 (Cal. Ct. App. 2018)

The employees in this case (belt sorters who worked at two publicly owned and operated recycling facilities under contracts with Los Angeles County Sanitation Districts) alleged the employers’ failure to pay the prevailing wage and to provide full 30-minute meal periods. The trial court held that the class members were not…

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…

Serrano v. Aerotek, Inc., 21 Cal. App. 5th 773 (2018)

Norma Serrano brought this putative class action against her employer (Aerotek), which placed her as a temporary employee with its client (Bay Bread). Serrano alleged violations of the Labor Code and of the Private Attorneys General Act (PAGA) based upon, among other things, Aerotek’s alleged failure to provide required meal periods. The…

For nearly 22 years, IWC Wage Order No. 4 and IWC Wage Order No. 5 have permitted employees in the “health care industry” who work shifts in excess of eight total hours in a workday to “voluntarily waive their right to one of their two meal periods. . . . in a written agreement that is voluntarily signed by both the employee and the employer.”…

United Parcel Serv., Inc. v. Superior Court, 192 Cal. App. 4th 1043 (2011)

Pursuant to Labor Code § 226.7(b), “[i]f an employer fails to provide an employee a meal period or rest period… the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each work day that the meal or rest period is not provided.”…

Faulkinbury v. Boyd & Assocs., Inc., 185 Cal. App. 4th 1363 (2010)

Plaintiffs sought to represent and certify a class of 4,000 current and former employees of Boyd & Associates, which provides security guard services throughout Southern California. Plaintiffs alleged that Boyd denied the putative class members off-duty meal periods and rest breaks and that it had failed to include certain reimbursements and an annual bonus payment in calculating the employees’ hourly rate of overtime pay.

Brinkley v. Public Storage, Inc., 167 Cal. App. 4th 1278 (2008)

Fred Brinkley, a property manager for Public Storage, asserted class action and individual claims for violations of Labor Code § 226 (requiring accuracy of paystubs) and § 226.7 (meal and rest period requirements). The trial court granted summary adjudication in favor of the employer on these claims, which the Court of Appeal affirmed.…