Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence...more
Summary -
Emergency Rule 9, which tolled statutes of limitations for six months due to the COVID-19 pandemic, is valid and operates to extend the time to file a civil suit for a PAGA claim as well as the time period to...more
9/22/2023
/ Appeals ,
CA Supreme Court ,
California ,
FEHA ,
Labor & Workforce Development Agency (LWDA) ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Remand ,
State Labor Laws ,
Statute of Limitations
Kuciemba v. Victory Woodworks Inc., 14 Cal. 4th 993 (2023)...
Adolph v. Uber Technologies Inc., 14 Cal. 5th 1104 (2023)...
Woodworth v. Loma Linda University Medical Center, No. E072704, 2023 WL 4701976 (Cal. Ct. App. July...more
Betancourt v. OS Rest. Servs., LLC, No. B293625, 2020 WL 2570839 (Cal. Ct. App. Apr. 30, 2020) -
Summary: A plaintiff is not entitled to recover penalties for waiting time and wage statement violations based on claims of...more
6/9/2020
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Equitable Estoppel ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Third-Party Beneficiaries ,
Unpaid Wages ,
Wage and Hour
As states lift their “stay-at-home” orders, employers who have struggled to survive the economic toll of the COVID-19 crisis now face a new threat: uncertain legal liability in a post-COVID market. As we transition away from...more
5/27/2020
/ California Family Rights Act (CFRA) ,
Compliance ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Failure to Accommodate ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Government Lockdown ,
Health Insurance Portability and Accountability Act (HIPAA) ,
High Risk Covid Employees ,
Labor Law Violations ,
Local Ordinance ,
Popular ,
Re-Opening Guidelines ,
Rehiring Issues ,
Remote Working ,
Retaliation ,
Risk Assessment ,
Shelter-In-Place ,
State Labor Laws ,
Voluntary Reduction in Force ,
Wage and Hour ,
Workplace Safety
Scalia v. Employer Solutions Staffing Group, LLC, 951 F.3d 1097 (9th Cir. 2020) -
Summary: Neither the Fair Labor Standards Act nor federal common law provide an employer with a right to seek contribution or...more
4/17/2020
/ Appeals ,
Background Checks ,
CA Supreme Court ,
Disclosure Requirements ,
Employee Privacy Rights ,
Employer Contributions ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
Federal Common Law ,
Hiring & Firing ,
Indemnification ,
Joint Employers ,
Labor Law Violations ,
New Hires ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Reversal ,
Standing
This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage and hour violations....more
12/3/2018
/ ABC Test ,
Alter Ego ,
Appeals ,
CA Supreme Court ,
Civil Monetary Penalty ,
Class Action ,
Corporate Officers ,
Drivers ,
Employer Liability Issues ,
Incentive Compensation ,
Independent Contractors ,
Labor Law Violations ,
Minimum Wage ,
Misclassification ,
Personal Liability ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Reversal ,
Summary Judgment ,
Taxi Cabs ,
Unpaid Overtime ,
Wage and Hour ,
Wage Orders
Lopez v. Routt, 17 Cal. App. 5th 1006, 225 Cal. Rptr. 3d 851 (2017) -
Facts: Plaintiff sued her employer and supervisor for harassment in violation of the California Fair Employment and Housing Act (“FEHA”). The matter...more
1/29/2018
/ Appeals ,
Attorney's Fees ,
Class Action Arbitration Waivers ,
FEHA ,
Frivolous Lawsuits ,
Harassment ,
Jury Trial ,
Labor Law Violations ,
Motion to Compel ,
Prevailing Party ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Statutory Penalties ,
Title VII ,
Unpaid Wages ,
Vacated ,
Wage and Hour