Seyfarth Synopsis: Two appellate courts applying California law have rejected hypertechnical challenges to the adequacy of wage statements under Labor Code section 226. The decisions provide some clarity, remind us that the...more
Seyfarth Synopsis: In a refreshing display of judicial restraint, the California Court of Appeal has declined to extend California’s “wrongful termination” law to a failure to hire, because in the absence of a preexisting...more
10/2/2019
/ Appeals ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Hiring & Firing ,
Job Applicants ,
Race Discrimination ,
Tameny Claim ,
Tort ,
Wrongful Discharge in Violation of Public Policy ,
Wrongful Termination
Seyfarth Synopsis: The California Supreme Court has held that an individual may not seek unpaid wages under Labor Code section 558. Section 558 can be invoked only by the Labor Commissioner or by an individual suing under...more
9/20/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Labor Code ,
Motion to Compel ,
Private Attorneys General Act (PAGA) ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: The California Supreme Court invalidated an employment arbitration agreement on August 29, 2019. At issue in OTO, LLC v. Kho was an agreement to arbitrate employment claims, including wage claims. Under the...more
9/11/2019
/ Arbitration ,
Arbitration Agreements ,
Berman Hearings ,
CA Supreme Court ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Fairness Standard ,
Federal Arbitration Act ,
Preemption ,
Unconscionable Contracts ,
Wage and Hour
Seyfarth Synopsis: In Voris v. Lampert, the California Supreme Court held that unpaid wages cannot be recovered through a tort claim for conversion....more
8/27/2019
/ Alter Ego ,
CA Supreme Court ,
Compensation & Benefits ,
Conversion ,
Employer Liability Issues ,
Employment Litigation ,
Failure To Pay ,
Hiring & Firing ,
Popular ,
Stocks ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: Traditionally, “report for work” has meant physically showing up at the jobsite, ready to work. ...more
Seyfarth Synopsis: The Court of Appeal has invalidated an arbitration agreement between a law firm and its “partner” because the agreement restricted the scope of arbitral relief available and made pre-arbitration proceedings...more
Seyfarth Synopsis: The California Court of Appeal has upheld the validity of pay plans that guarantee a wage that meets or exceeds the minimum wage for all hours worked during a pay period, but that also enables the employees...more
Seyfarth Synopsis: The Ninth Circuit, following the Supreme Court’s 2018 decision in Epic Systems Corp. v. Lewis, has upheld the validity of class-action waivers in Uber’s arbitration agreement, and has held that a named...more
10/10/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Epic Systems Corp v Lewis ,
Illusory Contracts ,
Independent Contractors ,
Misclassification ,
Motion to Compel ,
Opt-Outs ,
Ridesharing ,
Sharing Economy ,
Uber ,
Wage and Hour
Seyfarth Synopsis: A collective bargaining agreement, to permissibly waive a negotiable statutory right, must do so in a clear and unmistakable manner, by mentioning either the statutory protection being waived or the statute...more
8/22/2018
/ Appeals ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Employer Liability Issues ,
Employment Litigation ,
Grocery Stores ,
Rest and Meal Break ,
Statutory Rights ,
Summary Judgment ,
Unions ,
Wage and Hour ,
Waiver of Rights
Seyfarth Synopsis: Employers must pay “waiting time” penalties for willfully failing to timely pay wages due upon termination. Last week the California Court of Appeal dealt employers a double whammy: (i) mere negligence can...more
6/1/2018
/ Class Action ,
Class Certification ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Negligence ,
Penalties ,
Summary Judgment ,
Termination ,
Unpaid Wages ,
Wage and Hour
Employers adopting an Alternative Workweek Schedule (AWS) must follow the specific rules in the applicable wage order or face liability for unpaid overtime. But employees cannot recover penalties for accurate wage statements,...more
5/17/2018
/ Appeals ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
State and Local Government ,
State Labor Laws ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour ,
Wage Statements ,
Work Schedules
Seyfarth Synopsis: The California Supreme Court, in Dynamex Operations v. Superior Court, held that “engage, suffer or permit to work” determines employee status for Wage Order claims...more
Seyfarth Synopsis: Based on the legal principle of res judicata, a prior class action settlement that released a staffing agency and its agents barred a subsequent class action against the staffing agency’s client....more
4/20/2018
/ Appeals ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Res Judicata ,
Rest and Meal Break ,
Settlement Agreements ,
Staffing Agencies ,
Summary Judgment ,
Temporary Employees ,
Unpaid Wages
Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more
1/2/2018
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Harassment ,
Hiring & Firing ,
Reasonable Accommodation ,
Retaliation ,
Summary Judgment
Seyfarth Synopsis: California employees who are denied adequate wage statements (“paystubs”) can sue for penalties. Paystub penalty plaintiffs generally must prove they suffered an “injury” caused by the employer’s “knowing...more
Seyfarth Synopsis: In OTO, LLC v. Kho, the California Labor Commissioner challenged a car dealership’s mandatory arbitration agreement. The agreement required employment disputes to be arbitrated under normal civil litigation...more