Advising And Defending California Businesses
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...