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
A plaintiff maintains standing to pursue a non-individual PAGA claim in state court when his individual PAGA claim is sent to arbitration pursuant to an arbitration agreement...more
Disagreeing with the United States Supreme Court’s conclusion in Viking River Cruises, Inc. v. Moriana, the California Court of Appeal held in Galarsa v. Dolgen California LLC that a plaintiff who has been ordered to...more
Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) -
Summary: Labor Code section 1102.6, not McDonnell Douglas, provides the standard for evaluating whistleblower retaliation claims under Labor Code...more
In response to a certified question posed by the United States Court of Appeal for the Ninth Circuit, the California Supreme Court on Jan. 27, 2022, resolved a years-long split among California courts by confirming that an...more
Chamber of Commerce v. Bonta, No. 20-15291, 2021 WL 4187860 (9th Cir. Sep. 15, 2021) -
Summary: The FAA does not preempt Labor Code section 432.6’s prohibition of mandatory employment arbitration agreements, but does...more
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
Today, the California Supreme Court held that employers cannot use the practice of rounding time punches in the meal period context, and that unrounded time records that show noncompliant meal periods raise a rebuttable...more
International Brotherhood. of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration No. 18-73488, 2021 WL 139728 (9th Cir. Jan. 15, 2021) -
Summary: Federal law preempts California’s meal and rest break...more
2/12/2021
/ Arbitration Agreements ,
Commercial Truck Drivers ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
FMCSA ,
Independent Contractors ,
Labor Code ,
Preemption ,
Rest and Meal Break ,
State Labor Laws ,
Trucking Industry ,
Wage and Hour