In Wesson v. Staples The Office Superstore, LLC, the California Court of Appeal held that “courts have inherent authority to ensure that PAGA claims can be fairly and efficiently tried and, if necessary, may strike claims...more
In Donohue v. AMN Services, LLC, the California Supreme Court held that where employees’ time records reflect a missed, late or short meal break, a “rebuttable presumption” arises that a proper meal break was not provided....more
3/9/2021
/ CA Supreme Court ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Rebuttable Presumptions ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Rounding ,
State Labor Laws ,
Timekeeping ,
Wage and Hour
- The California Supreme Court held that time Apple employees spent waiting for and undergoing mandatory security inspections is compensable.
- The decision rejects the holding by some lower courts that if employees could...more
- A California district court has denied a preliminary injunction in a lawsuit brought by Uber and Postmates challenging the constitutionality of California’s new worker classification law, Assembly Bill 5 (“AB 5”), finding...more
2/12/2020
/ ABC Test ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Litigation ,
Equal Protection ,
Exempt-Employees ,
First Amendment ,
Fourteenth Amendment ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Likelihood of Success ,
Misclassification ,
Motor Carriers ,
Preemption ,
Preliminary Injunctions ,
Ridesharing ,
State Labor Laws ,
Trucking Industry
• On September 10, 2019, the California State Legislature passed AB 5, which codifies the “ABC test” in Dynamex Ops. West Inc. v. Superior Court, 4 Cal. 5th 903 (2018), for determining whether a worker is an employee or an...more
9/13/2019
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Misclassification ,
Pending Legislation ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
• In Vazquez v. Jan-Pro Franchising Int’l, Inc., the 9th Circuit held that a landmark California Supreme Court decision regarding independent contractors and employees applies retroactively.
• The 9th Circuit held that the...more
• The California Court of Appeal recently expanded the application of reporting time pay to certain types of “on-call” shifts.
• If an employer requires an employee to call in or otherwise contact the employer to find out...more
2/8/2019
/ Appeals ,
Call-In Pay ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
On-Call Employees ,
Reporting Requirements ,
Retailers ,
Wage and Hour ,
Wage Orders ,
Work Schedules