Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more
8/20/2024
/ Appeals ,
Arbitration Agreements ,
CA Supreme Court ,
California ,
FEHA ,
Harassment ,
Hostile Environment ,
Internal Investigations ,
Motion to Dismiss ,
Race Discrimination ,
Retaliation ,
Reversal ,
Slurs
Summary -
Emergency Rule 9, which tolled statutes of limitations for six months due to the COVID-19 pandemic, is valid and operates to extend the time to file a civil suit for a PAGA claim as well as the time period to...more
9/22/2023
/ Appeals ,
CA Supreme Court ,
California ,
FEHA ,
Labor & Workforce Development Agency (LWDA) ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Remand ,
State Labor Laws ,
Statute of Limitations
Summary -
Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more
12/8/2022
/ Appeals ,
Arbitration ,
Arbitrators ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
FMCSA ,
Hiring & Firing ,
Issue Preclusion ,
Judgment on the Pleadings ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Retroactivity ,
Split of Authority ,
Standing ,
State Labor Laws ,
Timekeeping ,
Wage and Hour
Ferra v. Loews Hollywood Hotel, LLC, No. S259172, 2021 WL 2965438 (Cal. Jul. 15, 2021)
Summary: The term “regular rate of compensation” under California Labor Code section 226.7 is synonymous with the term “regular rate...more
8/11/2021
/ Administrative Law Judge (ALJ) ,
CA Supreme Court ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
FEHA ,
Labor Code ,
Labor Regulations ,
NLRA ,
NLRB ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Rate of Pay ,
State Labor Laws ,
Unions ,
Wage and Hour
Magadia v. Wal-Mart Associates, Inc., No. 19-16184, 2021 WL 2176584 (9th Cir., May 28, 2021) -
Summary: An employee lacks Article III standing to bring a PAGA claim in federal court for Labor Code violations that the...more
6/11/2021
/ Arbitration Agreements ,
Article III ,
Demurrers ,
Employer Liability Issues ,
FEHA ,
Harassment ,
Private Attorneys General Act (PAGA) ,
Race Discrimination ,
Standing ,
Unruh Civil Rights Act ,
Wage and Hour ,
Wage Statements
Clark v. Superior Court., No. D077711, 2021 WL 1050057 (Cal. Ct. App. Mar. 19, 2021) -
Summary: Employee exhausted her administrative remedies despite failing to identify her employer’s proper legal name in her DFEH...more
Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) -
The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more
2/12/2020
/ Administrative Complaints ,
Appeals ,
Class Action ,
Commercial Truck Drivers ,
Concurrent Litigation ,
DFEH ,
Employer Liability Issues ,
Equitable Tolling ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
FEHA ,
Jury Trial ,
Medical Leave ,
Minimum Wage ,
Police ,
Policies and Procedures ,
Preemption ,
Reaffirmation ,
Rest and Meal Break ,
Reversal ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Statute of Limitations ,
Summary Judgment ,
Traveling Employee ,
Wal-Mart ,
Workers' Compensation Claim
Lopez v. Routt, 17 Cal. App. 5th 1006, 225 Cal. Rptr. 3d 851 (2017) -
Facts: Plaintiff sued her employer and supervisor for harassment in violation of the California Fair Employment and Housing Act (“FEHA”). The matter...more
1/29/2018
/ Appeals ,
Attorney's Fees ,
Class Action Arbitration Waivers ,
FEHA ,
Frivolous Lawsuits ,
Harassment ,
Jury Trial ,
Labor Law Violations ,
Motion to Compel ,
Prevailing Party ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Statutory Penalties ,
Title VII ,
Unpaid Wages ,
Vacated ,
Wage and Hour