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Labor Code Putative Class Actions Wage and Hour

ArentFox Schiff

Understanding Arbitration and Equitable Estoppel: Lessons From Gonzalez v. Nowhere Beverly Hills LLC

ArentFox Schiff on

Employment arbitration agreements are an important tool for employers who wish to resolve workplace disputes in a more streamline fashion and, more importantly, avoid class and collective actions. However, enforcing...more

Seyfarth Shaw LLP

Good Faith Defense Applies To Wage Statement Penalty Claims

Seyfarth Shaw LLP on

The California Supreme Court concluded that the “good faith” defense applies to claims seeking to impose penalties under California Labor Code section 226. An employee must show that an employer’s failure to comply with...more

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment - September 2021

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Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) - On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more

CDF Labor Law LLP

Ninth Circuit Offers Glimmer of Hope for Employers Against PAGA Suits

CDF Labor Law LLP on

The Ninth Circuit in Magadia v. Wal-Mart Associates, Inc., No. 19-16184 (May 28, 2021) (“Magadia”), recently provided what is perhaps the first hopeful road map for employers to defend themselves against PAGA claims since a...more

ArentFox Schiff

Class Actions Quarterly Update: Fashion and Retail Quarterly Update

ArentFox Schiff on

In this issue of the Arent Fox Class Action Quarterly Update, we will be focusing on one recent California Supreme Court decision and two court of appeal decisions impacting the fashion and retail industries. Key Retail...more

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment

ArentFox Schiff on

Garner v. Inter-State Oil Co., 52 Cal.App.5th 619, Cal. App. 3 Dist., June 26, 2020, as modified (Jul 23, 2020) - Plaintiff filed a class action alleging that his employer, Inter-State Oil Co., violated a variety of wage...more

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

California Supreme Court to Review Meal and Rest Period Premium Calculation Case

The Supreme Court of California recently agreed to review the California Court of Appeal’s decision in Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239 (2019), as limited to the following question: Did the...more

Epstein Becker & Green

California Court Rules That Mandatory Service Charges May Be Gratuities

Epstein Becker & Green on

Upsetting what many considered settled precedent, a California Court of Appeal has held that a mandatory service charge may qualify as a “gratuity” under California Labor Code Section 351 that must be distributed to the...more

Orrick - Employment Law and Litigation

Wait a Minute…California Supreme Court Says Employers Must Pay for De Minimis Off-the-Clock Work

On July 26, 2018, the California Supreme Court found that employers must compensate workers for the time they spend on certain menial tasks after clocking out of their shifts. In a unanimous decision, the Court held that...more

Stoel Rives - World of Employment

California Supreme Court Determines that the Federal De Minimis Doctrine Does Not Apply to California Wage Claims

In Troester v. Starbucks Corp., the California Supreme Court determined that the federal de minimis doctrine does not apply to California wage claims. While this ruling does not completely eviscerate this legal defense for...more

Stoel Rives - World of Employment

California Supreme Court Clarifies California’s Day of Rest Statutes

In Mendoza v. Nordstrom, the California Supreme Court answered three questions from the Ninth Circuit concerning California’s “day of rest” statutes. The Court’s decision clarifies a significant ambiguity for employers...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Carlton Fields

Ninth Circuit Holds That State Court’s Class Certification Order Creates New Occasion for CAFA Removal

Carlton Fields on

The Ninth Circuit held that a state court’s certification order, under which CAFA’s amount in controversy would be met, created a new basis for defendant to remove the case to federal court. The plaintiff had filed a putative...more

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