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Attorney's Fees Labor Code

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Payne & Fears

March 2024 Case Summaries

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Summary - To qualify as a transportation worker for purposes of the FAA, an employee’s relationship to the movement of goods must be sufficiently close enough to conclude that the employee’s work plays a tangible and...more

ArentFox Schiff

Gramajo v. Joe’s Pizza: California Plaintiffs Winning Wage or Overtime Claims Must Receive Some Attorney Fees

ArentFox Schiff on

In Gramajo v. Joe’s Pizza on Sunset, Inc., Case Nos. B322992/B323024 (Cal. App. Mar. 25, 2024), the California Court of Appeal held that employees who win in court on a claim for minimum or overtime wages must be awarded at...more

Proskauer - California Employment Law

November 2023 California Employment Law Notes

We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law...more

Proskauer - California Employment Law

In a Surprise Move, California Enacts Boatload of New Pro-Employer Laws – Nah, Just Kidding, It’s Going to be More Burdensome than...

In what has become an annual tradition, California – that fabled workers’ paradise on earth – has enacted a slew of new laws that, come January, may keep even the most hearty HR professionals up at night. As we reported...more

CDF Labor Law LLP

Naranjo v. Spectrum Security Services, Inc.

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Earlier this week, the California Court of Appeal reached a decision that may ease employers’ worries when presented with a wage and hour lawsuit. California’s plaintiff-friendly laws provide avenues for plaintiffs to...more

Mintz - Employment Viewpoints

California Voters Will Decide PAGA’s Fate at the Ballot Box in 2024

Earlier this year we wrote on the U.S. Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana that struck a major blow to California’s Private Attorneys General Act (“PAGA”). Now on the heels of the Viking River...more

Buchalter

PAGA Developments of 2022

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2022 has many California employers suffering from PAGA fatigue. Too many times, plaintiffs’ attorneys use the Private Attorneys General Act of 2004 (“PAGA”) to drive up settlement demands, gaining large attorneys’ fees, over...more

Proskauer - California Employment Law

California Voters May Deal a Fatal Blow to PAGA

Things aren’t looking so good for the long-term health of the Labor Code Private Attorneys General Act (“PAGA”). On top of the U.S. Supreme Court’s granting review of a case challenging PAGA’s anti-arbitration rule and a...more

Proskauer - California Employment Law

PAGA Has Failed Californians – Unless You’re A Plaintiff’s Lawyer That is

We have long reported about that modern marvel of well-intentioned legislation gone awry known as the Private Attorneys General Act (“PAGA”) – and we also have noted that in practice, PAGA stands for Pretty-much All Goes to...more

Jackson Lewis P.C.

How Little May An Employee Allege For Retaliation Protection?

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The question of when a worker has raised concerns about discrimination sufficient to gain retaliation protection has not been answered consistently and clearly by courts. A case in Texas may provide clarification...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor & Employment Series – Day 2: Longer Time to File With the DLSE Is Another Unwanted Gift for...

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this second day of the...more

Sheppard Mullin Richter & Hampton LLP

Whistleblower Retaliation Lawsuits Are About to Become More Expensive in California

On September 30, 2020, California Governor Gavin Newsom signed Assembly Bill (“AB”) 1947 into law. Effective January 1, 2021, AB 1947 will, among other things, authorize courts to award attorneys’ fees to whistleblowers who...more

Haight Brown & Bonesteel LLP

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

Sheppard Mullin Richter & Hampton LLP

Managers Beware: Can you be held personally liable for wage and hour violations?

After two years, California courts are finally putting California’s “A Fair Day’s Pay Act” (the “Act”) to the test. While intended to help employees collect judgments against employers that are judgment proof, the Act created...more

Payne & Fears

Key California Employment Law Cases: August 2018

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This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks.   EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more

Polsinelli

Individual Employees Can Be Liable For Civil Penalties And Attorneys’ Fees For A Company’s Failure To Pay Overtime And/Or Minimum...

Polsinelli on

Notwithstanding two previous California Supreme Court decisions which essentially held that “[u]nder the common law, corporate agents acting within the scope of their agency are not personally liable for the corporate...more

Seyfarth Shaw LLP

Delay in Correcting Paycheck Clerical Error Leads to Large Fee Award

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Seyfarth Synopsis: An employer did not incur waiting time penalties for inadvertently misstating the amount of pay on a final paycheck, but was liable for its delay in correcting the error. And, by taking an appeal from a...more

Fisher Phillips

Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers

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If you’re a California employer, perhaps no single law strikes fear into your heart quite as much as the Labor Code Private Attorneys General Act of 2004 (PAGA). PAGA allows individual “aggrieved employees” to bring...more

Bass, Berry & Sims PLC

California Employers Should Remain Cautious when Classifying their Workforce, Notwithstanding More Lenient Federal Policies

Bass, Berry & Sims PLC on

Although the Trump administration rescinded its guidance on worker misclassification earlier this year and appears to have otherwise taken a “softer approach” to misclassification enforcement, California employers should...more

Fisher Phillips

The Ongoing Pay Statement War: Employers Continue To Battle The Dark Side Of The Force

Fisher Phillips on

California leads the nation in micromanaging pay statements, including (but not limited to) exposing an employer’s officers or agents who intentionally violate the law to criminal prosecution and fines up to $1,000. The...more

Haight Brown & Bonesteel LLP

Attorney Fee Awards In Unpaid Wages Cases – Court of Appeal Clarifies Who Is Entitled To Fees Under Statutory Fee Shifting...

On June 28, 2016, in Rogelio Ramos v. Manuel Garcia (“Ramos”) (Superior Court Case No. 37-2013-00037990-CU-OE-CTL), the Court of Appeal for the Fourth Appellate District reaffirmed that under Labor Code Section 218.5 an...more

Haight Brown & Bonesteel LLP

No Free “Train” Ride for This Ex-Employee: Court Sides With Employer And Orders Quitting Employee To Pay Back Training Costs

In USS-Posco Industries v. Floyd Case (Ct. of Appeal A140457), published January 26, 2016, the Court of Appeal for the First Appellate District enforced an agreement requiring an employee to repay the costs of employer paid...more

Epstein Becker & Green

New York State Passes Five New Laws to Effectuate Gender Equality in the Workplace

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The New York State Legislature recently passed several pieces of legislation, all of which are intended to curtail gender-related employment discrimination. Among other things, this legislation strengthens existing laws,...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

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