On February 6, 2020, in a 2-1 decision, the California Court of Appeal (Fourth District, Division Two) held that an employee's settlement agreement with a staffing agency on a wage-and-hour claim does not necessarily preclude...more
2/11/2020
/ Appeals ,
Class Action ,
Contract Drafting ,
Employer Liability Issues ,
Hospitals ,
Joint Employers ,
Nurses ,
Privity of Contract ,
Reaffirmation ,
Release Agreements ,
Res Judicata ,
Rest and Meal Break ,
Settlement Agreements ,
Split of Authority ,
Staffing Agencies ,
Subsequent Litigation ,
Unpaid Overtime ,
Wage and Hour
The California Court of Appeal has affirmed a complete victory by Safeway Inc. over a certified class of wage-and-hour plaintiffs. Esparza v. Safeway Inc., et al., B287927 (Los Angeles County Super. Ct. No. BC369766, June 10,...more
6/25/2019
/ Amended Complaints ,
Appeals ,
Brinker ,
Burden of Proof ,
Calculation of Damages ,
Class Action ,
Class Certification ,
Damages ,
Meal Penalties ,
Motion for Summary Judgment ,
Notice Requirements ,
Private Attorneys General Act (PAGA) ,
Relation Back Doctrine ,
Rest and Meal Break ,
Restitution ,
Safeway Inc ,
Statute of Limitations ,
Summary Judgment ,
Unfair Competition Law (UCL) ,
Wage and Hour
On April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act ("FAA") bars orders requiring class arbitration when an agreement is ambiguous about the availability of such a procedure. Lamps Plus v....more
4/25/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS