Summary: The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies not just to sexual assault and sexual harassment claims, but to all claims asserted in the “case.”...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
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
On May 23, 2022, the California Supreme Court issued a long-awaited decision in Naranjo v. Spectrum Security Services, Inc., holding unpaid meal and rest break premiums can give rise to derivative claims for waiting time...more
Gunther v. Alaska Airlines, Inc., 72 Cal. App. 5th 334 (2021) -
Summary: Heightened civil penalties under Labor Code section 226.3 ($250 & $1,000) do not apply to all violations of section 226, only when the employer...more
Donohue v. AMN Services., LLC, No. S253677, 2021 WL 728871 (Cal. Feb. 25, 2021) -
Summary: Employers cannot engage in the practice of rounding time punches in the meal period context.
Time records that show...more
OTO, L.L.C. v. Kho, 8 Cal. 5th 111, 251 Cal. Rptr. 3d 714 (2019) -
Summary: Mandatory arbitration agreement may be unenforceable against employee wage claims if agreement requires employee to forego Labor Commissioner...more
11/18/2019
/ Arbitration Agreements ,
Berman Hearings ,
CA Supreme Court ,
Labor Commissioners ,
Labor Law Violations ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Reversal ,
Unconscionable Contracts ,
Unpaid Wages ,
Vacated ,
Void and Unenforceable ,
Wage and Hour
Yesterday, Governor Gavin Newsom signed California Assembly Bill 5 (“AB5”), controversial legislation which will have a substantial impact on California employers when it goes into effect on January 1, 2020. ...more
9/19/2019
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
New Legislation ,
State Labor Laws ,
Wage and Hour
The California Supreme Court's decision in Dynamex v. Superior Court signals a sharp turn away from the standard that has been applied for decades in determining whether a worker is correctly classified as an independent...more
The California Supreme Court has taken a significant step away from the long-used multifactor test to determine whether individual workers are employees or independent contractors, and toward a test that presumes workers in...more
5/2/2018
/ ABC Test ,
Burden of Proof ,
CA Supreme Court ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Wage and Hour