On May 23, 2022, the California Supreme Court in Naranjo v. Spectrum Security Services, Inc. held that an employer’s failure to pay premium pay to employees for missed meal or rest periods could also result in liability for waiting time penalties and wage statement...
Advising And Defending Businesses
Class Action
Trial Court’s Order Decertifying Meal Period Class Action and PAGA Lawsuit Reversed
On March 23, 2022, a California court of appeal in Estrada v Royalty Cabinet Mills. Inc. reversed a trial court’s decision to decertify a class action alleging violations of California’s meal and rest period laws and its decision to dismiss the plaintiffs’ Private...
Employer’s Meal Period Policy That Does Not Comply With California Law Results in Liability Under PAGA
A decision published by a California court of appeal on December 19, 2018 in Carrington v. Starbucks Corp. again demonstrates how critical it is that employers have a well-written meal period policy in place that conforms to the law. A barista who worked at Starbucks...
More Bad News for Employers: The California Supreme Court Holds That Requiring Employees to Remain on Call During Rest Breaks Renders the Breaks Invalid
In Augustus v. ABM Security Services (ABM Security), a class action filed 11 years ago and certified as a class in 2009, the California Supreme Court ruled that ABM Security unlawfully required the class of security guards to remain on call during rest breaks,...
Court Finds Employer’s Meal Period Policy Appropriate Under the Circumstances
In Driscoll v. Granite Rock (2016) —Cal.Rptr.3d—, following a bench trial of a certified class action alleging the employer failed to provide concrete mixer drivers off-duty meal periods and pay a meal period premium when the drivers opted to work during a...
Employer Association Files Suit to Declare PAGA Unconstitutional
On November 28, 2018, the California Business & Industrial Alliance, an association representing California-based employers, filed a 54-page Complaint in the Orange County Superior Court seeking injunctive and declaratory relief against Attorney General Xavier...
Meal Periods Shortened by Employer to Less Than 30 Minutes Results in Substantial Liability
On November 30, 2018, the Court of Appeal in Kaanaana v. Barrett Business Services, Inc. made clear that an employee’s right to a duty-free 30-minute meal period is separate and distinct from his or her right to be paid one hour of “premium pay” for...
Construction Employer’s CBA May Waive PAGA Claims
On September 19, 2018, Governor Brown signed Assembly Bill No. 1654. Effective January 1, 2019, AB 1654 modifies the Private Attorneys General Act of 2004 (“PAGA”) and exempts an employee in the construction industry from its coverage with...
The Person Responsible for Failing to Pay Employees Minimum Wage and Overtime Pay Can Be Held Personally Liable Under PAGA
On September 28, 2018, the Fourth Appellate District Court of Appeal in Atempa v. Pedrazzani held that a person violating the minimum wage and overtime pay provisions of the Labor Code may be held personally liable for the plaintiffs’ attorney fees, costs, and...
McDonald’s Corp. Not Liable as a “Joint Employer” with Franchises for Wage Claims
On October 1, 2019, the U.S. Court of Appeals for the Ninth Circuit in Salazar v. McDonald’s Corp. affirmed summary judgment in favor of McDonald’s Corp. in a class action lawsuit brought by former hourly paid employees who alleged that they were denied overtime...