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: 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: In Donohue v. AMN Services, LLC, a class action alleging unpaid wages, the California Court of Appeal affirmed a summary judgment for the employer, upholding a rounding policy that was neutral on its face...more
12/21/2018
/ Appeals ,
Business Expenses ,
Class Action ,
Employer Liability Issues ,
Employment Policies ,
Labor Law Violations ,
Rest and Meal Break ,
Unfair or Deceptive Trade Practices ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour
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: 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: 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 Labor Code section 202, California employers must pay all wages to an employee who “quits” within 72 hours, unless the employee has given 72 hours’ notice of the intent to quit, in which case the...more