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
Governor Newsom, in partnership with legislative leadership and business and labor groups, announced an agreement to reform the Private Attorneys General Act, or PAGA. The proposed agreement includes sweeping changes to...more
The Question - The basics of California’s wage statement requirements should be familiar to employers. The consequences for failing to comply with these requirements can be severe....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
The California Court of Appeal issued a decision this week that could spell the end of time rounding in California. In Camp v. Home Depot U.S.A. Inc., No. H049033, 2022 WL 13874360 (Oct. 24, 2022), the court held that, where...more
Levanoff v. Dragas, Nos. G058480, G058709, 2021 WL 2621360 (Cal. Ct. App. June 25, 2021) -
Summary: Employer did not violate California law by selecting a method of calculating the regular rate of pay that most benefitted...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
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
Ever since the California Supreme Court issued its groundbreaking decision in Dynamex Operations W., Inc. v. Superior Ct., 4 Cal. 5th 903 (2018), we have been monitoring its application by the lower courts. On October 8,...more
10/16/2019
/ Appeals ,
CA Supreme Court ,
Dynamex ,
Employer Liability Issues ,
Independent Contractors ,
IWC ,
Joint Employers ,
Labor Law Violations ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
On July 26, 2018, in a unanimous decision, the California Supreme Court in Troester v. Starbucks Corporation held that the federal "de minimis doctrine" does not apply to claims for unpaid wages under the California Labor...more
7/27/2018
/ Affirmative Defenses ,
Appeals ,
CA Supreme Court ,
De Minimis Claims ,
Fair Labor Standards Act (FLSA) ,
Federal v State Law Application ,
Labor Law Violations ,
Starbucks ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour