On September 26, 2019, a California court of appeal in Naranjo v. Spectrum Security Services, Inc. answered several important questions that arise in class action lawsuits alleging meal period violations under Labor Code section 226.7. The company’s policy required...
Advising And Defending Businesses
Class Action
In a Win for Companies, Supreme Court Holds PAGA Does Not Permit the Recovery of Unpaid Wages
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...
A “Class Action” Requires Plaintiffs Show More Than Workers Were Misclassified
On July 15, 2019, a California court of appeal in McCleery v. Allstate Insurance Co. affirmed a trial court’s order that denied the plaintiffs’ motion to certify their wage and hour lawsuit as a class action. The plaintiffs alleged they were engaged by three service...
Rules Regarding One Day’s Rest in Seven Days Worked
On May 8, 2017, the California Supreme Court handed down a decision in Mendoza v. Nordstrom, Inc. wherein it clarified an employer’s obligations concerning the state’s day of rest statutes found in Labor Code sections 550–558.1. Generally, California...
Arbitrator Does Not Decide Whether Plaintiff Was an Employee or Independent Contractor Under PAGA
On April 30, 2021, a court of appeal in Rosales v. Uber Technologies, Inc. affirmed a trial judge’s denial of the employer’s motion to compel arbitration of the plaintiff’s lawsuit that alleged a single cause of action for wage violations under the Private Attorneys...
Express Language in Agreement Required for Arbitration of Class Actions
On April 24, 2019, the U.S. Supreme Court in Lamps Plus, Inc. v. Varela held that judges may compel class action arbitration only where the parties have expressly agreed to do so in their arbitration agreement. Reversing a decision of the Ninth Circuit Court of...
Trial Court May Not Split PAGA Claim and Send Individual Wage Claims to Arbitration
On March 28, 2019, a court of appeal in Zakaryan v. The Men’s Warehouse, Inc. affirmed a trial court’s order denying the employer’s motion to compel arbitration of a lawsuit alleging a violation the Private Attorneys General Act of 2004 (PAGA). A former manager of The...
Transportation Worker May Proceed in Court with Wage and Hour Class Action Lawsuit Despite Agreement to Arbitrate Claims
On March 22, 2019, a California court of appeal published its decision in Nieto v. Fresno Beverage Company, Inc., affirming a trial court’s order denying an employer’s petition to compel arbitration. The plaintiff, a delivery truck driver, filed a class action lawsuit...
Trial Judge Must Address Whether Employer’s Wage Policies Were Sufficiently Uniform to Permit Class Certification
On March 12, 2019, the court of appeal published its decision in Myers v. Raley’s that reversed a trial court’s order denying class certification in a wage and hour case because the trial court failed to “provide the reasons for its ultimate finding.” The maintenance...
Employee May Settle His Individual Wage Claims and Still Sue Under PAGA
On March 12, 2020, the California Supreme Court in Kim v. Reins International California, Inc., held that employees may settle and dismiss their individual claims for Labor Code violations and not lose standing to pursue a claim under the Private Attorneys General Act...