Summary: An employer waives its right to arbitration if it fails to pay its share of the arbitration filing fee within 30 days of the payment’s due date....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
A plaintiff maintains standing to pursue a non-individual PAGA claim in state court when his individual PAGA claim is sent to arbitration pursuant to an arbitration agreement...more
Navigating the Private Attorneys General Act (PAGA) landscape can be overwhelming for California employers. To help employers stay updated on the ever-evolving statute, this article highlights key takeaways from our recent...more
Several developments have surfaced in the past few months regarding PAGA standing in the wake of the U.S. Supreme Court’s Viking River Cruises decision. Payne & Fears is hosting an interactive, in-person event that aims to...more
Helix Energy Solutions Group Inc. v. Hewitt, 143 Superior Court 677 (2023) -
Summary -
Employee was eligible for overtime pay under the Fair Labor Standards Act (“FLSA”) because his “daily-rate” plan did not satisfy...more
Disagreeing with the United States Supreme Court’s conclusion in Viking River Cruises, Inc. v. Moriana, the California Court of Appeal held in Galarsa v. Dolgen California LLC that a plaintiff who has been ordered to...more
Summary -
Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more
12/8/2022
/ Appeals ,
Arbitration ,
Arbitrators ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
FMCSA ,
Hiring & Firing ,
Issue Preclusion ,
Judgment on the Pleadings ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Retroactivity ,
Split of Authority ,
Standing ,
State Labor Laws ,
Timekeeping ,
Wage and Hour
Join us for our third annual all-day complimentary seminar on the most pressing employment law topics, transmitted to you in your home, office, or virtually anywhere with an internet connection. Attendees can enjoy one or all...more
9/22/2022
/ Affirmative Action ,
Arbitration ,
Arbitration Agreements ,
Best Practices ,
Continuing Legal Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises Inc v Moriana ,
Webinars
Naranjo v. Spectrum Security Services. Inc., No. S258966, 2022 WL 1613499 (Cal. May 23, 2022)
Summary: Unpaid meal- and rest-break premiums may serve as the basis for waiting-time penalties and inaccurate wage statement...more
Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) -
Summary: Labor Code section 1102.6, not McDonnell Douglas, provides the standard for evaluating whistleblower retaliation claims under Labor Code...more
Chamber of Commerce v. Bonta, No. 20-15291, 2021 WL 4187860 (9th Cir. Sep. 15, 2021) -
Summary: The FAA does not preempt Labor Code section 432.6’s prohibition of mandatory employment arbitration agreements, but does...more
Ferra v. Loews Hollywood Hotel, LLC, No. S259172, 2021 WL 2965438 (Cal. Jul. 15, 2021)
Summary: The term “regular rate of compensation” under California Labor Code section 226.7 is synonymous with the term “regular rate...more
8/11/2021
/ Administrative Law Judge (ALJ) ,
CA Supreme Court ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
FEHA ,
Labor Code ,
Labor Regulations ,
NLRA ,
NLRB ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Rate of Pay ,
State Labor Laws ,
Unions ,
Wage and Hour
Magadia v. Wal-Mart Associates, Inc., No. 19-16184, 2021 WL 2176584 (9th Cir., May 28, 2021) -
Summary: An employee lacks Article III standing to bring a PAGA claim in federal court for Labor Code violations that the...more
6/11/2021
/ Arbitration Agreements ,
Article III ,
Demurrers ,
Employer Liability Issues ,
FEHA ,
Harassment ,
Private Attorneys General Act (PAGA) ,
Race Discrimination ,
Standing ,
Unruh Civil Rights Act ,
Wage and Hour ,
Wage Statements
Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) -
Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...more
8/11/2020
/ Appeals ,
Arbitration Agreements ,
Article III ,
CA Supreme Court ,
CAFA ,
Class Action Arbitration Waivers ,
Contract Terms ,
Discovery ,
Employment Discrimination ,
Federal Arbitration Act ,
First Amendment ,
FRCP 23 ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Private Attorneys General Act (PAGA) ,
Religious Workers ,
Right to a Jury ,
SCOTUS ,
Standing ,
State Arbitration Acts ,
Waiver of Rights
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
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
May's key California employment law cases involve “on call” meal and rest periods, and employees working seven days a week. ...more
7/10/2017
/ Appeals ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Day of Rest Laws ,
Employer Liability Issues ,
Off-Duty Employee Access ,
On-Call Employees ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Work Schedules