Oliver v. Konica Minolta Bus. Solutions USA, Inc., 2020 WL 3446865 (Cal. Ct. App. 2020) -
In this putative class action, plaintiffs Michael Oliver and Norris Cagonot sued their employer for compensation for the time they...more
Adams v. West Marine Prods., Inc., 958 F.3d 1216 (9th Cir. 2020) -
Adrianne Adams filed a putative wage and hour class action in state court, which her former employer (West Marine) removed to federal court under the...more
David v. Queen of the Valley Med. Ctr., 2020 WL 3529683 (Cal. Ct. App. 2020) -
Registered nurse Joana David sued her former employer, Queen of the Valley Medical Center, for allegedly failing to pay her for meal breaks...more
Mattei v. Corporate Mgmt. Solutions, Inc., 2020 WL 3970367 (Cal. Ct. App. 2020) -
Alyosha Mattei and three other lighting technicians, all members of Local 728 of the IATSE trade union, worked on the production of a...more
Ward v. United Airlines, Inc., 2020 WL 3495310 (Cal. S. Ct. 2020) -
Plaintiffs are pilots and flight attendants for United Airlines, which is based outside California. Although they reside in California, they perform most...more
8/4/2020
/ Airlines ,
CA Supreme Court ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Labor Code ,
Railway Labor Act ,
Transportation Industry ,
Wage and Hour ,
Wage Statements
For years, federal courts in California have been inundated with wage and hour class actions. Because these cases often clogged district court dockets for months (and, sometimes, even years) on end, the Central District of...more
7/28/2020
/ Class Action ,
Class Certification ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Court Schedules ,
Discovery ,
Employment Litigation ,
Excusable Neglect ,
Filing Deadlines ,
Furloughs ,
Local Rules ,
Scheduling Orders ,
Wage and Hour
Patel v. Chavez, 2020 WL 2109599 (Cal. Ct. App. 2020) -
Balubhai Patel and various entities sued Manuel Chavez, the former on-site property manager of the Stuart Hotel, which was owned and operated by Patel and the other...more
Herrera v. Zumiez, Inc., 953 F.3d 1063 (9th Cir. 2020) -
Alexa Herrera filed this putative class action against her employer, alleging that Zumiez failed to provide reporting-time pay to employees at its California retail...more
McPherson v. EF Intercultural Fndn., Inc., 47 Cal. App. 5th 243 (2020) -
In this case of first impression, the California Court of Appeal affirmed the trial court’s judgment (except for the amount of damages and...more
Rizo v. Yovino, 2020 WL 946053 (9th Cir. 2020) (en banc) -
Aileen Rizo, a female math teacher, brought a claim under the Equal Pay Act (“EPA”) against the Fresno County Superintendent of Schools for paying her...more
Frlekin v. Apple Inc., 2020 WL 727813 (Cal. S. Ct. 2020) -
In this opinion, the California Supreme Court answered a question certified to it by the United States Court of Appeals for the Ninth Circuit: “Is time spent on...more
Today March 12, 2020, the California Supreme Court issued its long-awaited opinion in Kim v. Reins Int’l Cal., Inc., holding that an employee’s settlement and dismissal of underlying Labor Code claims does not deprive the...more
Gulf Offshore Logistics, LLC v. Superior Court, 2020 WL 772610 (Cal. Ct. App. 2020) -
Non-California resident crew members of the “Adele Elise” (a vessel that provides services to oil platforms located off the coast of...more
Scalia v. Employer Solutions Staffing Group, 2020 WL 992564 (9th Cir. 2020) -
Employer Solutions Staffing Group (“ESSG”) contracts with other companies to recruit employees and place them at jobsites for which ESSG...more
Grande v. Eisenhower Med. Ctr., 44 Cal. App. 5th 1147 (2020) -
Lynn Grande was assigned through a temporary staffing agency (FlexCare) to work as a nurse at Eisenhower Medical Center. Grande was a named plaintiff in a...more
Time Spent By Employees In Exit Searches Is Compensable -
Frlekin v. Apple Inc., 2020 WL 727813 (Cal. S. Ct. 2020) -
In this opinion, the California Supreme Court answered a question certified to it by the United...more
3/17/2020
/ CA Supreme Court ,
Class Action ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Joint Employers ,
Non-Compete Agreements ,
Rules of Professional Conduct ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Wage Orders ,
Workers' Compensation Claim
The California Labor Commissioner’s Office has issued an important new FAQ Memo for accommodating and paying employees in connection with the Coronavirus (COVID-19) outbreak:
Coronavirus Disease (COVID-19) – FAQs on laws...more
3/12/2020
/ Best Practices ,
Business Interruption ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Labor Commissioners ,
Paid Leave ,
Policies and Procedures ,
Public Health ,
Sick Leave ,
Wage and Hour ,
Workplace Safety
The California Employment Development Department has issued the following guidance regarding the Coronavirus (COVID-19):
An outbreak of respiratory illness caused by a new coronavirus (COVID-19) has been identified...more
3/12/2020
/ Anti-Discrimination Policies ,
Best Practices ,
Cal-OSHA ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Infectious Diseases ,
New Guidance ,
Policies and Procedures ,
Public Health ,
Unemployment Insurance ,
Wage and Hour ,
Workplace Safety
On Tuesday, seven elected officials from various local government bodies challenged a recently enacted California state law that prohibits a public employer from “deter[ing] or discourag[ing] public employees from becoming or...more
Cacho v. Eurostar, Inc., 2019 WL 7180349 (Cal. Ct. App. 2019) -
David Cacho and Regina Silva asserted class claims against their former employer (Eurostar), alleging Eurostar violated California wage and hour laws by...more
Safeway Wage & Hour Cases, 2019 WL 6954322 (Cal. Ct. App. 2019) -
Following a jury trial, the trial court entered judgment in favor of Safeway on the ground that plaintiff William Cunningham was subject to the executive...more
Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners -
Hawkins v. City of Los Angeles, 40 Cal. App. 5th 384 (2019) -
Todd Hawkins and Hyung Kim were terminated from their jobs as...more
11/11/2019
/ ABC Test ,
Anti-SLAPP ,
DFEH ,
Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
FEHA ,
Independent Contractors ,
Joint Employers ,
Labor Code ,
McDonalds ,
Minimum Wage ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Retaliation ,
State Labor Laws ,
Tipped Employees ,
Unpaid Wages ,
Wage and Hour ,
Whistleblowers
California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes -
OTO, LLC v. Kho, 2019 WL 4065524 (Cal. S. Ct. 2019) -
In the most recent chapter of the ongoing saga regarding the enforceability of...more
9/18/2019
/ Amended Complaints ,
Americans with Disabilities Act (ADA) ,
Anti-SLAPP ,
Arbitration ,
Arbitration Agreements ,
Bill Cosby ,
CA Supreme Court ,
CAFA ,
Cal Code of Civil Procedure ,
Defamation ,
Federal Arbitration Act ,
Free Speech ,
National Origin Discrimination ,
Obesity ,
Race Discrimination ,
Rest and Meal Break ,
Retaliation ,
Unconscionable Contracts ,
Unpaid Wages ,
Vicarious Liability ,
Wage and Hour
Yesterday September 12, 2019, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act (“PAGA”). See ZB, N.A. v. Superior Court (Lawson) (Cal....more
9/16/2019
/ Arbitration Agreements ,
CA Supreme Court ,
Civil Monetary Penalty ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
These days, more employers than ever are purchasing Employment Practices Liability Insurance (“EPLI”) to cover them in the event they get sued for employment-related claims. (See our earlier posting on that topic: “A Handy...more