Rest and Meal Break Class Action

News & Analysis as of

Quirky Question #268: E-Sign Away!

Question: We have our electronic handbook and arbitration agreement online, and all employees sign both electronically. I saw a news blurb that a California court last year refused to enforce an arbitration agreement that...more Hit With Independent Contractor Misclassification Class Action Lawsuit By Delivery Drivers

Amazon is the latest tech company to be sued in a proposed class action by drivers delivering its products – in this case, goods to be delivered within two hours of being ordered through Amazon’s “Prime Now” app. The drivers...more

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

California Supreme Court to Decide Whether (And When) PAGA Plaintiffs Can Compel Discovery of Other Employees’ Contact Information

The California Supreme Court has granted review of the appellate court decision in Williams v. Superior Court to answer the following question: Is the plaintiff in a representative action under the Private Attorneys General...more

Live-In Aides Continue to Give Employers Sleepless Nights

Yet another New York court has rejected the New York Department of Labor’s longstanding 13-hour rule regarding home health aides who work 24-hour shifts (live-in aides). Under the longstanding rule, live-in home health aides...more

Uber Employee Classification Class Action Could Impact All Employers

From Payroll Taxes to Sick Leave Laws … Federal Ruling Could Be Game Changer for Sharing Economy - A federal judge’s decision last week to certify a class of California Uber drivers in their lawsuit claiming Uber has...more

Litigating California Wage & Hour and Labor Code Class Actions

We are excited to announce the 15th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class Actions. As in previous editions, the publication discusses and analyzes the most commonly...more

California Supreme Court May Limit The Scope Of PAGA Plaintiffs’ Access to Statewide Discovery

The California Supreme Court is poised to clarify what limits may apply to burdensome discovery demands in litigation under California’s Labor Code Private Attorneys General Act of 2004 (“PAGA”), which allows employees to...more

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

Class Action Defense Cases – Williams v. Superior Court: California Appellate Court Affirms Trial Court Order Limiting Discovery...

Plaintiff’s Pre-Class Certification Discovery Request for Contact Information of Putative Class Members Properly Limited to Employees who Worked in the Same Store Location as Plaintiff California Court of Appeal...more

Not All Class Actions Are Created Equal Under CAFA, Says the Ninth Circuit

The Ninth Circuit recently delivered a setback to defendants seeking to remove cases to federal court under the Class Action Fairness Act (“CAFA”) when it interpreted the statute narrowly to exclude consideration of non-class...more

Washington Employers Must Pay Piece Rate Workers Additional Rest Break Compensation

With some limited exceptions, Washington State wage and hour rules require that workers receive a paid 10 minute rest break for every four hours worked. The Washington Supreme Court has now expanded employer obligations in...more

Appellate Court Delivers for FedEx—Second Class Cert Denial Affirmed by Ninth Circuit

When an employer has a denial of class certification remanded by an appellate court, it has a reason to worry. And while the employer might breathe a sigh of relief when the district court on remand again denies class...more

California Court of Appeal Refuses to Enforce Forum Selection Clause Because Employer Would Not Stipulate to Apply California Law...

In Verdugo v. Alliantgroup, L.P., the California Court of Appeal held that a forum selection clause in an employment agreement was unenforceable because the employer could not prove that the employee’s rights under the...more

Employment Law - June 2015

Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules - Why it matters: In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more

Supreme Court to Revisit Class-Certification Standards in Tyson Foods, Inc. v. Bouaphakeo

Monday, the Supreme Court granted review in what may be a major decision on the standards for class certification, Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. Under Federal Rule of Civil Procedure 23, a court may not...more

Supreme Court To Decide Whether To Hear Four High-Stakes Cases Asking When A Suit May Be Litigated As A Class Action

The Supreme Court will decide before the end of this Term whether to hear any or all of four important cases that raise recurring questions of class action law that have sharply divided the lower courts. These cases address...more

Sticking up for Their Rights: Employers Taking the Offensive

The traditional posture of California employers apprehensive about “gotcha” wage and hour claims is to hunker down and wait for the next lawsuit. But a few brave souls have taken the offensive. We celebrate two examples here....more

Employment Law - May 2015

U.S. Supreme Court Permits Narrow Review of EEOC Conciliation Process - Why it matters: The U.S. Supreme Court handed a victory—albeit limited—to employers when it determined that courts may consider the...more

$90 Million Judgment In Favor Of Security Guards Who Remained On Call During Rest Breaks Is Reversed

In this class action lawsuit, plaintiffs alleged that ABM did not provide rest periods to its security guard employees because it failed to relieve them of all duties and required them to remain on call during their breaks....more

Fenwick Employment Brief - February 2015

On Premises, On-Call Time Compensable; Sleep Time Not Excluded - Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS...more

Employers: CA Court of Appeal Rules On-Duty Rest Breaks Permitted

In late January, a California Court of Appeal issued a ruling in Augustus v. ABM Security Services, Inc., overturning a $90 million award against the company because ABM required its security guards to keep their radios and...more

Employment Law Alert: Remaining On Call During Rest Periods is Okay

In Augustus v. ABM Security Services, Inc. (Nos. B243788 & B247392, filed 12/31/14), the California Court of Appeal for the Second Appellate District held Labor Code section 226.7 prescribes only that an employee may not be...more

California Supreme Court Rules On-Duty Guards Entitled to Pay for On-Call and Sleep Time

On January 8, 2015, the California Supreme Court issued a decision holding that the on-call hours for security guards who work 24-hour shifts constituted compensable hours worked. Further, the court ruled that the guards’...more

Workplace policies and class action certification: key takeaways from two California cases

Is the California courts’ pendulum swinging back to a more balanced approached to employment class action certification? In the last two days, two seemingly similar cases were decided with very different results: Koval v....more

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