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Employer’s Inconsistent Application of Written Rest Break Policies Will Not Create Predominance of Individual Inquiries in Class...

On June 17, 2022, the California Court of Appeal, Second Appellate District, Division Three (Los Angeles), issued an opinion in Meza v. Pacific Bell Telephone Company (B317119, June 17, 2022) __ Cal.App.5th ___. In this...more

U.S. Supreme Court Finds the FAA Preempts PAGA and Holds Individual PAGA Claims Can Be Compelled to Arbitration

On June 15, 2022, the United States Supreme Court rendered an opinion in Viking River Cruises, Inc. v. Moriana that will have significant consequences for California employers and claims made under the Private Attorneys...more

LWDA Pre-filing Notices of Representative PAGA Claims Need Not Specifically Reference Similarly Aggrieved Employees

The California Court of Appeal, Sixth Appellate District, recently held in Santos, et al., v. El Guapos Tacos, LLC, et al. (No. H046470) that a plaintiff filing a representative cause of action under the Private Attorneys...more

PAGA Strikes Again: The Statute of Limitations Does Not Apply to Representative Plaintiff

In Johnson v. Maxim Healthcare Services, Inc. (“Johnson”), the California Court of Appeal, Fourth District, Division One (San Diego) held that an employee, whose individual claim is time-barred, may still pursue a...more

Recovery of Attorneys’ Fees Unavailable for Missed Rest and/or Meal Breaks

Although California Labor Code section 218.5 mandates an award of reasonable attorney fees to the prevailing party in any action for the nonpayment of wages, the recent decision in Betancourt v. OS Restaurant Services, LLC,...more

California Supreme Court Holds that Employees Maintain Standing to Pursue a PAGA Claim After Settling Their Individual Labor Code...

On March 12, 2020, in addressing an issue of first impression, the California Supreme Court in Kim v. Reins International California, Inc. (S246911), held that employees do not lose standing to pursue a claim under the Labor...more

Further Clarification of the Employment Relationship for Temporary and Loaned Employees

In the context of employment litigation, determining whether an employer-employee relationship actually exists between the plaintiff and defendant employer is a common and critical issue. The question becomes more complex...more

Court of Appeal Rules Employers Not Required to Reimburse for Non-Uniform Clothing

It is well-known among employers that employees must be reimbursed for necessary expenditures and losses they incur in the discharge of their duties. (See Labor Code § 2802.) California Labor Code sections 6401 and 6403 go...more

Arbitration Agreements Are Enforceable Even When Executed After Litigation is Initiated

The recent case of Salgado v. Carrows Restaurant, Inc., et al. presented the unique issue of whether an arbitration agreement must pre-date the lawsuit to be enforceable. Although the trial court initially ruled against...more

Supreme Court Prevents Employees’ Tort and Contract Claims Against Employers’ Payroll Companies

In Goonewardene v. ADP, LLC (S238941), the California Supreme Court has created new protections for payroll companies in lawsuits involving claims of labor violations. Although previous case law has held that employees with...more

Employee Barred By Two-Year Statute of Limitations Period From Bringing Intentional Infliction of Emotional Distress Claim

In Wassmann v. South Orange County Community College District, No. G053411, published June 12, 2018, the California Court of Appeal held that an employee was barred from bringing an Intentional Infliction of Emotional...more

Employee Denied Attorney’s Fees Despite Establishing that His Termination was Substantially Motivated by His Disabilities

In William Bustos v. Global P.E.T, Inc., et al. (Cal Ct. App., Dec. 22, 2017, No. E065869), William Bustos brought a disability discrimination action against his former employers, Global P.E.T., Inc. and Global Plastics, Inc....more

Employee Given Two Bites of the Intentional Infliction of Emotional Distress Apple

It is well-established that the workers’ compensation system serves as the exclusive remedy for an employee who suffers injuries arising during the course and scope of employment, including psychiatric injuries. Recently,...more

Ninth Circuit: EEOC Has Broad Subpoena Powers

On remand from the United States Supreme Court, the Ninth Circuit again vacated a District Court’s Order denying enforcement of an administrative subpoena issued to an employer by the Equal Employment Opportunity Commission...more

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