Less than a year ago, the California Supreme Court in Ramirez v. Charter Communications, Inc. opined, in the context of employment arbitration agreements, that there is no bright line rule that requires a court to refuse...more
California law has long held that an employer’s good faith dispute over wages owed, if any, to its employees will preclude the imposition of “waiting time” penalties otherwise due following the termination of their...more
In 2003, the California Supreme Court adopted a stringent test to determine whether an employer had waived its right to compel arbitration of an employee’s claims. The most critical, and often determinative, factor was...more
In August 2000, the California Supreme Court handed down a landmark ruling that changed the face of employment arbitration agreements going forward. That case, known as Armendariz v. Foundation Health Psychcare Services,...more
Following the United States Supreme Court’s landmark ruling in Moriana v. Viking River Cruises, California courts were tasked with the open question of whether an “aggrieved” employee whose individual Private Attorneys...more
8/2/2023
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Class Representatives ,
Employment Litigation ,
Private Attorneys General Act (PAGA) ,
Standing ,
State Labor Laws ,
Uber ,
Viking River Cruises Inc v Moriana
In the 2020 general election, Californians passed Proposition 22, which gave ride-sharing and delivery app companies such as Uber, Lyft, and DoorDash the ability to continue classify their drivers as independent contractors. ...more
3/16/2023
/ CA Supreme Court ,
Constitutional Challenges ,
Delivery Drivers ,
DoorDash ,
Gig Economy ,
Independent Contractors ,
Lyft ,
Ridesharing ,
SEIU ,
State Constitutions ,
State Labor Laws ,
Uber
In the words of Tom Cruise’s character Lt. Daniel Kaffee in A Few Good Men, “the hits keep on coming.” This quote crystallizes how California employers will undoubtedly feel following the California Supreme Court’s ruling in...more
6/2/2022
/ CA Supreme Court ,
Employer Liability Issues ,
Labor Code ,
Pre-Judgment Interest ,
Rate of Pay ,
Rest and Meal Break ,
Retroactive Application ,
State Constitutions ,
State Labor Laws ,
Wage and Hour ,
Wages
Since 2019, California employers have relied on Ferra v. Loews Hollywood Hotel, LLC, 40 Cal.App.5th 1239, for the proposition that only hourly wages would be used to calculate “premium pay” for meal or rest breaks under Labor...more
7/20/2021
/ CA Supreme Court ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Premium Pay ,
Rest and Meal Break ,
Retroactive Application ,
State Labor Laws ,
Timekeeping ,
Unpaid Overtime ,
Wage and Hour
As technology has advanced, employers routinely rely on electronic timekeeping software to ensure accurate record keeping. Such software often includes a setting to round employees’ time (typically to the nearest quarter...more
5/10/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Labor Regulations ,
Rebuttable Presumptions ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Rounding ,
State Labor Laws ,
Timekeeping ,
Wage and Hour