California Employment Law Update

Tag Archives: wage and hour

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

November 2018 California Employment Law Notes

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

Employer Did Not Violate Wage/Hour Requirements By Offering Productivity Pay

Certified Tire & Serv. Ctrs. Wage & Hour Cases, 28 Cal. App. 5th 1 (2018) Plaintiffs in this certified wage and hour class action contend that Certified Tire violated applicable minimum wage and rest period requirements by implementing a compensation program, which guaranteed its automotive technicians a specific hourly wage above the minimum wage but … Continue Reading

PAGA Claims Were Barred By Statute Of Limitations

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

California Supreme Court’s Dynamex Opinion Only Applies To Independent Contractor Wage Order Claims

Garcia v. Border Transp. Group, LLC, 2018 WL 5118546 (Cal. Ct. App. 2018) Jesus Cuitlahuac Garcia, a taxicab driver, filed a wage and hour lawsuit against Border Transportation Group (“BTG”), alleging claims based upon the wage orders of the Industrial Welfare Commission; wrongful termination in violation of public policy; failure to pay minimum wage; failure … 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

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

California Employers Down, But Not Out, Concerning Class Certification Issues

Shortly after the California Supreme Court issued its 2012 decision in Brinker Restaurant Corp. v. Superior Court, employers saw an immediate uptick in appellate court decisions supporting the denial of class certification to plaintiffs in wage and hour lawsuits. Today, the opposite seems to be true: appellate courts are reversing decisions denying class certification and … Continue Reading

California Further Restricts Employer Recovery of Prevailing Party Attorney’s Fees

California has amended Labor Code § 218.5 to limit the circumstances under which an employer may recover its attorney’s fees and costs as the prevailing party in a lawsuit in which an employee has sued for nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions (SB 462).  Prior to enactment of Senate Bill 462, the prevailing … Continue Reading

Second Circuit Reaffirms Enforceability of Arbitration Agreements Containing Collective Action Waivers In Two FLSA Cases

Two recent decisions from the U.S. Court of Appeals for the Second Circuit have reaffirmed the enforceability of employment-related arbitration agreements containing class action waivers. In Sutherland v. Ernst & Young and Raniere v. Citigroup, Inc. the Second Circuit held that the Federal Arbitration Act (FAA) requires courts to enforce a valid agreement to arbitrate … Continue Reading

U.S. Supreme Court Emphasizes Importance of Common Issues in Class Actions

Over the past two weeks, the United States Supreme Court has repeatedly underscored the importance of having common questions that are susceptible to common answers in cases where plaintiffs are seeking class certification. Most recently, the Court clarified that this requirement, which has now been considered in both antitrust and employment cases, applies with respect … Continue Reading

Employer Permitted To Proceed With Defense Of Class Action Based On “Rounding” Policy

See’s Candy Shops, Inc. v. Superior Court, 2012 WL 5305729 (Cal. Ct. App. 2012) Pamela Silva sued her former employer, See’s Candy, for various wage-and-hour violations. After certifying a class of current and former California employees, the trial court granted Silva’s motion for summary adjudication on four of See’s Candy’s affirmative defenses. In a writ … Continue Reading

“Rounding” Is Lawful In California – As Long As It’s Even-Handed

Pamela Silva brought a wage-and-hour class action against her former employer, See’s Candy Shops, Inc., alleging, in part, that See’s failed to pay her wages for all hours worked because the See’s timekeeping system rounded employee time entries to the nearest tenth of an hour/nearest six minutes.  In response to the complaint, See’s alleged that … Continue Reading

Insurance Claims Adjusters Are Not Exempt Administrative Employees

Harris v. Superior Court, 207 Cal. App. 4th 1225 (2012) Plaintiffs in this case are insurance claims adjusters who claim they were misclassified as exempt from overtime under the administrative exemption. The Court of Appeal held that because the adjusters’ primary work duties are the day-to-day tasks of adjusting individual claims and are not directly … Continue Reading

Claim For Unpaid Vacation Benefits Was Properly Dismissed

Bell v. H.F. Cox, Inc., 2012 WL 3846827 (Cal. Ct. App. 2012) Oscar Bell and other truck drivers filed a putative class action against Cox, alleging wage and hour violations. Among other things, the drivers alleged that Cox had failed to pay promised vacation benefits to current employees (it paid them a flat rate of … Continue Reading

Appellate Courts Begin To Apply Brinker Decision

Hernandez v. Chipotle Mexican Grill, Inc., 2012 WL 3579567 (Cal. Ct. App. 2012) Rogelio Hernandez appealed from the order denying his motion for class certification and granting Chipotle’s motion to deny class certification as to his claims that Chipotle denied non-exempt employees their meal and rest breaks. Chipotle moved to deny class certification on the … Continue Reading

Unfair Competition Claim Against Franchisor Was Properly Dismissed

Aleksick v. 7-Eleven, Inc., 205 Cal. App. 4th 1176 (2012) Kimberly Aleksick, who worked as a clerk at a 7-Eleven store, sued 7-Eleven (the franchisor of the store where Aleksick was employed) for violation of the Unfair Competition Law (“UCL”). Aleksick alleged that 7-Eleven, which provides payroll services to its franchisees, violated the UCL by … Continue Reading

Employers Need Only Provide (Not Ensure) Meal And Rest Breaks

Brinker Rest. Corp. v. Superior Court, 53 Cal. 4th 1004 (2012) In this long-awaited opinion, the California Supreme Court determined several important issues of law regarding meal and rest breaks. First and foremost, the Supreme Court determined that “an employer’s obligation is to relieve its employee of all duty, with the employee thereafter at liberty … Continue Reading

California Law Should Have Been Applied To Determine If Drivers Were Employees Or Independent Contractors

Ruiz v. Affinity Logistics Corp., 667 F.3d 1318 (9th Cir. 2012) Fernando Ruiz and similarly situated drivers filed a class action against Affinity alleging violations of the Fair Labor Standards Act and California law for failure to pay overtime, failure to pay wages, improper charges for workers’ compensation insurance and unfair business practices. To work … Continue Reading

Employer Was Deprived Of Due Process By Trial Court’s Erroneous Use Of Representative Sampling

Duran v. U.S. Bank Nat’l Ass’n, 203 Cal. App. 4th 212 (2012) U.S. Bank (“USB”) appealed a $15 million judgment that was entered against it following a bifurcated bench trial. The plaintiffs are 260 current and former business banking officers who claimed they were misclassified by USB as outside sales personnel exempt from overtime pay. … Continue Reading
LexBlog