On September 12, 2019, the California Supreme Court in ZB, N.A., and Zions Bancorporation v. Superior Court settled an issue on which several courts of appeal had differed and held that an employee’s claims for unpaid wages are not recoverable under the Private...
Advising And Defending Businesses
Year: 2021
California Continues to Prevent the Enforcement of Agreements to Arbitrate Employment Disputes
On August 29, 2019, the California Supreme Court in a 6-1 decision in Oto, LLC v. Kho, refused to compel arbitration of an employee’s wage complaint that had been filed with the California Labor Commissioner. The Oto court found that “the oppressive...
An Employer’s Obligation to Track Time Worked by Remote Employees
The Wage and Hour Division of the U.S. Department of Labor recently issued Field Assistance Bulletin 2020-5 to address the obligations of employers under the Fair Labor Standards Act to keep track of time worked by employees who are working from remote locations. If...
Waiting Time Penalties for Late Payment of Final Check, and Attorneys’ Fees on Appeal
On August 1, 2018, the court of appeal in Nishiki v. Danko Meredith, APC reduced an employee’s Labor Commissioner award for waiting time penalties to $2,250, but awarded an additional amount of $86,160 for attorney fees against the employer. The former employee...
California Supreme Court: “A few extra minutes of work each day can add up.”
On July 26, 2018, the California Supreme Court in Troester v. Starbucks Corp., held that the de minimis doctrine, recognized as a defense to a claim for unpaid wages under federal law, is not applicable to claims for unpaid wages brought under California law. In...
NLRB Permits Employer to Implement Arbitration Agreement in Response to Class Action Lawsuit
On August 14, 2019, the National Labor Relations Board in Cordúa Restaurants, Inc. held that employers are not prohibited by the National Labor Relations Act from informing employees that their failing or refusing to sign a mandatory arbitration agreement will...
Claim of Discrimination Under the ADA Based on Morbid Obesity Dismissed
On August 20, 2019, the U.S. Court of Appeals for the Ninth Circuit in Valtierra v. Medtronic Inc. affirmed a summary judgment in favor of an employer where the plaintiff alleged he was fired because of his morbid obesity in violation of the Americans With...
Court Will Not “Split” PAGA Claim to Send a Portion of It to Arbitration
On August 13, 2019, a court of appeal in Mejia v. Merchants Building Maintenance affirmed a trial court’s order denying the defendants’ motion to compel arbitration. The plaintiff was a union member covered by a collective bargaining agreement that required employees...
Employer That Prevailed in Discrimination Case Denied Attorney’s Fees
On August 1, 2019, a court of appeal in Scott v. City of San Diego reversed an award of attorney’s fees in the amount of $51,946.96 to an employer after it prevailed in a jury trial over claims of race discrimination and retaliation under the Fair Employment and...
Off-Duty, and On-Duty, Meal Periods Must be at Least 30 Minutes
On July 31, 2019, a court of appeal in L’Chaim House, Inc. v. Division of Labor Standards Enforcement held that employers in the public housekeeping industry covered by Wage Order No. 5 must provide meal periods of at least 30 minutes to their employees, regardless of...