What's New - Rediger Labor Law

20 May The Forum that Hears a Worker’s Claim Will Determine Employee or Independent Contractor Status

Posted at 09:31h in Employment Law

The determination of whether a particular worker is an employee or an independent contractor will depend on the administrative or judicial forum adjudicating the question. This week, the Associate General Counsel of the National Labor Relations Board issued an Advice Memorandum where she applied “the...

13 May Intra-State Truck Driver Need Not Arbitrate Unpaid Wage Claim

Posted at 07:00h in Employment Law

On May 1, 2019, a California court of appeal in Muller v. Roy Miller Freight Lines, LLC affirmed a trial court’s order denying an employer’s petition to compel arbitration of a truck driver’s class action claim for unpaid wages, despite him agreeing in a signed...

06 May Ninth Circuit Applies Dynamex “ABC Test” for Determining Independent Contractor Retroactively

Posted at 10:57h in Employment Law

On May 2, 2019, the U.S. Court of Appeals for the Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc. vacated a summary judgment in favor of an international janitorial cleaning business that had classified its janitors as “independent contractors” rather than “employees” under California...

28 Apr Express Language in Agreement Required for Arbitration of Class Actions

Posted at 10:47h in Class Action

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...

22 Apr Employer Prevails in Background Check Class Action Under the FCRA

Posted at 09:20h in Employment Law

On April 15, 2019, a California court of appeal in an unpublished decision in Culberson v. Walt Disney Parks and Resorts affirmed a summary judgment in favor of an employer in a class action lawsuit alleging willful violations of the federal Fair Credit Reporting Act....

17 Apr PAGA Lawsuit Challenging Information Listed on Employees’ Pay Stubs Dismissed

Posted at 09:55h in Employment Law

On April 10, 2019, a court of appeal in Savea v. YRC Inc. affirmed a lower court’s dismissal of a lawsuit brought under the Private Attorneys General Act (PAGA) by an employee on behalf of himself and as an “aggrieved employee” that alleged that the...

08 Apr Broadly Worded Arbitration Agreement for Employment Claims Can Apply Retroactively

Posted at 10:35h in Employment Law

On March 25, 2019, a court of appeal published its decision in Salgado v. Carrows Restaurants, Inc., reversing a trial court’s order denying the employer’s motion to compel arbitration. The Salgado court held that the arbitration agreement the plaintiff had signed on December 7, 2016...

02 Apr Trial Court May Not Split PAGA Claim and Send Individual Wage Claims to Arbitration

Posted at 09:49h in Class Action

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...

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