News & Analysis as of

Class Action On-Call Employees

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Jackson Lewis P.C.

Wage And Hour Class Actions In Real Estate Industry: Traps For The Unwary

Jackson Lewis P.C. on

Wage and hour class actions continue to plague employers throughout the United States. Such claims and individual suits are always fertile ground for plaintiffs’ lawyers; however, employers of all sizes in the real estate...more

Spilman Thomas & Battle, PLLC

COVID-19 Litigation Trends, Issue 14

This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more

Best Best & Krieger LLP

Doing Business in 2020: Courts Tackle Employment Law

Part 2: New Employment-Related Court Decisions Impacting California’s Public and Private Entities - California and federal courts handed down a number of labor and employment-related decisions last year, impacting...more

Farella Braun + Martel LLP

California Court Finds Shift Call-Ins May Trigger Reporting Time Pay

A California court has held that employees required to call their employers before a shift to determine whether they are assigned to work may be entitled to reporting time pay on days when they are not actually put to work....more

Payne & Fears

California Court of Appeal Expands Reporting Time Pay Requirements for On-Call Shifts

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On February 4, 2019, a divided panel of the California Court of Appeal held in Ward v. Tilly’s, Inc., No. B280151, that employees scheduled for “on-call” or “call-in” shifts may be entitled to reporting time pay, even when...more

BCLP

Pier 1 Settles Class Action Over Call-In Shifts for $3.5 Million

BCLP on

Pier 1 Import has agreed to pay $3.5 million to settle a class action lawsuit brought on behalf of about 9,300 retail store associates in California. The lawsuit alleged the company owed workers pay for when they are...more

Payne & Fears

Key California Employment Law Cases: May 2017

Payne & Fears on

May's key California employment law cases involve “on call” meal and rest periods, and employees working seven days a week. ...more

McGuireWoods LLP

On-Call Rest Breaks Violate California Law

McGuireWoods LLP on

On Dec. 22, 2016, the California Supreme Court ruled in Augustus, et al. v. ABM Security Services, Inc. that an employer’s policy requiring employees to remain “on call” during paid rest breaks violated state law. This...more

Proskauer - California Employment Law

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Kilpatrick

New California Laws and Cases that May Impact Your Business

Kilpatrick on

This alert covers selected new California laws that may affect your company’s business operations in California, and recent published case opinions that may impact your company if it does business or is involved in litigation...more

Nossaman LLP

California Supreme Court: California Prohibits On-Duty And On-Call Rest Periods

Nossaman LLP on

Augustus v. ABM Security Services, Inc. On December 22, 2016, the California Supreme Court in Augustus v. ABM Security Services, Inc., ruled that California law prohibits on-duty and on-call rest periods. You may...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Holds That Rest Periods Must Be Free From Duties And Employer Control

On December 22, 2016, the California Supreme Court issued a critical decision in Augustus v. ABM Security Services, Inc., 2016 D.J. 12608 (2016), relating to California’s rest period obligations. The California Supreme Court...more

Stoel Rives - World of Employment

California Supreme Court Prohibits Employers from Implementing “On-Call” Rest Breaks

In Jennifer Augustus v. ABM Security Services, Inc., the California Supreme Court determined that employers are prohibited from implementing “on-call” rest breaks. This holding led the Supreme Court to reinstate an...more

FordHarrison

California Supreme Court Tells Employees To Rest Assured

FordHarrison on

After a years-long battle, the California Supreme Court finally issued a ruling defining what it means for an employer to provide a rest break to non-exempt employees under California law: rest breaks cannot be “on-duty” or...more

Jackson Lewis P.C.

Employees on Rest Breaks Must Be Off Duty, California Supreme Court Rules

Jackson Lewis P.C. on

A class of security guards received an early holiday present from the California Supreme Court on December 22. The Court ruled that California law requires employees on rest breaks be relieved of all duties. It...more

Seyfarth Shaw LLP

California Supreme Court Puts On-Call Breaks To Rest

Seyfarth Shaw LLP on

Seyfarth Synopsis: In what many employers will see as a “break” from workplace reality, the Supreme Court, in Augustus v. ABM Security Services, Inc., announced that certain “on call” rest periods do not comply with the...more

Proskauer - California Employment Law

California employers must relieve their employees of all duties during breaks

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Break Time - This week, the California Supreme Court ruled that California law strictly prohibits on-duty rest periods. “What...more

Troutman Pepper

New Uber Ruling Reveals Another Costly IC Misclassification Exposure for On-Demand Companies

Troutman Pepper on

Gig economy companies based on an independent contractor model beware. On December 14, 2016, a federal court in Pennsylvania denied a motion to dismiss an “on-call” wage claim in a class action lawsuit filed against Uber by...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Attorneys General From Nine States Cooperate on Predictable Scheduling Inquiries of Retailers

As we previously reported, “predictive scheduling” is one of the most closely watched issues by retailers today. In April 2015, New York State Attorney General Eric T. Schneiderman garnered national news headlines when he...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - November 2015 #2

California Updates Data Security Laws - Why it matters: The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2015

Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules - Why it matters: In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more

Fenwick & West LLP

Fenwick Employment Brief - February 2015

Fenwick & West LLP on

On Premises, On-Call Time Compensable; Sleep Time Not Excluded - Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS...more

Sheppard Mullin Richter & Hampton LLP

The California Supreme Court Holds That Certain Security Guards Must Be Paid to Sleep

On December 31, 2014, the California Supreme Court held in Mendiola v. CPS Security Solutions, Inc. (Case No. S212704) that security guards who work shifts of 24 or more hours under Wage Order 4 must be compensated for their...more

Haight Brown & Bonesteel LLP

Employment Law Alert: Remaining On Call During Rest Periods is Okay

In Augustus v. ABM Security Services, Inc. (Nos. B243788 & B247392, filed 12/31/14), the California Court of Appeal for the Second Appellate District held Labor Code section 226.7 prescribes only that an employee may not be...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Rules On-Duty Guards Entitled to Pay for On-Call and Sleep Time

On January 8, 2015, the California Supreme Court issued a decision holding that the on-call hours for security guards who work 24-hour shifts constituted compensable hours worked. Further, the court ruled that the guards’...more

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