Class Action

15 Jan Parties May Agree That an Arbitrator, Not a Judge, Will Decide if Their Dispute is Arbitrable

Posted at 08:25h in Class Action

On January 8, 2019, a unanimous United States Supreme Court held in Schein v. Archer & White Sales that the parties to an arbitration agreement may agree to have an arbitrator decide “gateway questions of arbitrability,” as well as the merits of a particular dispute. The...

24 Dec Employer’s Meal Period Policy That Does Not Comply With California Law Results in Liability Under PAGA

Posted at 11:40h in Class Action, Employment Law

A decision published by a California court of appeal on December 19, 2008 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...

10 Dec Employer Association Files Suit to Declare PAGA Unconstitutional

Posted at 11:09h in Class Action

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 Becerra and alleging that that the California Private Attorney General Act...

03 Dec Meal Periods Shortened by Employer to Less Than 30 Minutes Results in Substantial Liability

Posted at 12:13h in Class Action, Employment Law

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...

26 Nov Construction Employer’s CBA May Waive PAGA Claims

Posted at 10:22h in Class Action, Employment Law

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 respect to work performed under a valid collective bargaining...

26 Nov The Person Responsible for Failing to Pay Employees Minimum Wage and Overtime Pay Can Be Held Personally Liable Under PAGA

Posted at 05:00h in Class Action, Employment Law

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 civil penalties...

08 May Rules Regarding One Day’s Rest in Seven Days Worked

Posted at 12:11h in Class Action, Employment Law

By Robert L. Rediger, Esq.
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 prohibits an...

23 Dec More Bad News for Employers: The California Supreme Court Holds That Requiring Employees to Remain on Call During Rest Breaks Renders the Breaks Invalid

Posted at 21:51h in Class Action, Employment Law

by Susana P. Solano, Esq.
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...