We invite you to review our newly-posted November 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Non-Solicitation Provision Was An Unenforceable Restraint Employer Was Not Liable For Accident Involving Employee Who Was Talking On Her Cell Phone Injured Employee May Have Been … Continue Reading
Brown v. Ralphs Grocery Co., 2018 WL 5629874 (Cal. Ct. App. 2018) Terri Brown brought a representative action against her employer, Ralphs Grocery Company, under the Private Attorneys General Act (“PAGA”), alleging wage and hour violations. In 2009, Brown filed a notice with the California Labor and Workforce Development Agency (“LWDA”) as required under PAGA … Continue Reading
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 … Continue Reading
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
Khan v. Dunn-Edwards Corp., 19 Cal. App. 5th 804 (2018) Hamid H. Khan brought this lawsuit against his former employer pursuant to the Private Attorneys General Act of 2004 (“PAGA”) based on the fact that his final paycheck (in contrast to all other wage statements he had received) did not include the start date for … Continue Reading
Alcantar v. Hobart Serv., 800 F.3d 1047 (9th Cir. 2015) Joséluis Alcantar filed this action against his employer to represent a putative class of service technicians for the time spent commuting in the employer’s service vehicles from their homes to their jobsites and then back again. Alcantar also alleged failure to provide the technicians with … Continue Reading
Safeway, Inc. v. Superior Court, 238 Cal. App. 4th 1138 (2015) Plaintiffs in this class action lawsuit alleged claims against Safeway and Vons for failure to provide meal and rest breaks, failure to provide itemized pay statements, unfair business practices under the Unfair Competition Law (“UCL”) and penalties under the Labor Code Private Attorneys General … Continue Reading
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
Williams v. Superior Court, 236 Cal. App. 4th 1151 (2015) Michael Williams was an employee of Marshalls of CA in Costa Mesa, California. After slightly more than a year of employment, Williams brought a representative action against Marshalls under the Labor Code Private Attorneys General Act of 2004 (“PAGA”), alleging Marshalls had failed to provide … Continue Reading
When the California Supreme Court decided Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal. 4th 348 (2014), this June, some legal commentators assumed that employees could not waive pre-litigation claims under the Private Attorneys General Act (PAGA). Those assumptions may have been premature. As we noted here, at least one federal court refused to … Continue Reading
Yesterday, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transp. Los Angeles, LLC, upholding class action waivers in employment arbitration agreements. This means that the U.S. Supreme Court’s 2011 opinion in AT&T Mobility LLC v. Concepcion is to be given full force and effect in the employment setting in California. That … Continue Reading
Baumann v. Chase Inv. Servs., 2014 WL 983587 (9th Cir. 2014) Joseph Baumann sued his employer, Chase Investment Services Corporation, under the Private Attorneys General Act (“PAGA”), alleging claims for unpaid overtime, meal breaks and rest periods and timely expense reimbursements. Baumann further alleged his potential share of any recovery and attorney’s fees would be … Continue Reading
Deleon, a former retail sales representative for Verizon Wireless, filed suit on behalf of himself and other aggrieved employees seeking civil penalties under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.) for violation of Labor Code section 223, which prohibits the secret underpayment of wages. Deleon’s compensation plan included … Continue Reading
The plaintiff in Iskanian v. CLS Transp. Los Angeles, LLC, brought a putative class action and a representative action under California’s Private Attorney General Act (PAGA) for various wage and hour violations. During his employment, Iskanian agreed that he would not assert class action or representative action claims against his employer and, instead, agreed to submit … Continue Reading
We invite you to review our newly-posted March 2012 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Teacher/Minister’s Disability Discrimination Claim Is Barred By The First Amendment Community College Employee Is Entitled To New Trial On Whistleblower Claims LAPD Officer’s $2.1 … Continue Reading
Thurman v. Bayshore Transit Mgmt., Inc., 203 Cal. App. 4th 1112 (2012) Leander Thurman sued Bayshore for alleged violations of the Private Attorneys General Act of 2004 (“PAGA”) and the Unfair Competition Law and, following a bench trial, a judgment was entered imposing civil penalties, including unpaid wages, against Bayshore in the total amount of … Continue Reading
In a 2-1 decision, the California Court of Appeal held that representative actions under California’s Private Attorney General Act (PAGA) may not be waived in mandatory, pre-dispute employment arbitration agreements. (Brown v. Ralphs Grocery Co., Cal. Ct. App., No. B222689. This decision comes as something of a surprise in light of the U.S. Supreme Court’s recent ruling … Continue Reading
Bright v. 99¢ Only Stores, 189 Cal. App. 4th 1472 (2010) One of the requirements of the wage orders promulgated by the Industrial Welfare Commission is that “[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats…” Cashier Eugina Bright filed this putative class … Continue Reading
Hernandez v. Chipotle Mexican Grill, Inc., 189 Cal.App.4th 751 (2010) Rogelio Hernandez worked as a non-exempt employee at Chipotle Mexican Grill. In this putative class action, Hernandez alleged that Chipotle violated California wage and hour law by failing to ensure that its employees took their meal breaks. The trial court granted Chipotle’s motion to deny … Continue Reading
On October 22, 2010, the California Court of Appeal in Villacres v. Abm Industries Inc., No. B219584, __ Cal. App. 4th __ (2010) rejected an attempt by a settling class member to use the California Private Attorney Generals Act (PAGA) to bring successive claims for civil penalties against his former employer, from whom he had … Continue Reading
Arias v. Superior Court, 2009 WL 1838973 (Cal. S. Ct. 2009) Jose Arias sued his former employer, Angelo Dairy, for a number of alleged violations of the California Labor Code, including five claims that he asserted on behalf of himself as well as other current and former employees under the Unfair Competition Law (“UCL”). The … Continue Reading
Arias v. Superior Court, 2009 WL 1838973 (Cal. S. Ct. 2009) Jose Arias sued his former employer, Angelo Dairy, for a number of alleged violations of the California Labor Code, including five claims that he asserted on behalf of himself as well as other current and former employees under the Unfair Competition Law (“UCL”). The … Continue Reading
Combs v. Skyriver Communications, Inc., 159 Cal. App. 4th 1242 (2008) Mark Combs sued his former employer, Skyriver Communications, and Skyriver’s former interim CEO, Massih Tayebi, for violations of the California Labor Code, the Unfair Competition Law and the Private Attorneys General Act of 2004. Combs, who was employed as the manager of capacity planning … Continue Reading
