What's New - Rediger Labor Law

19 Aug Court Will Not “Split” PAGA Claim to Send a Portion of It to Arbitration

Posted at 09:20h in Employment Law

On August 13, 2019, a court of appeal in Mejia v. Merchants Building Maintenance affirmed a trial court's order denying the defendants' motion to compel arbitration. The plaintiff was a union member covered by a collective bargaining agreement that required employees to resolve their private...

12 Aug Employer That Prevailed in Discrimination Case Denied Attorney’s Fees

Posted at 09:20h in Employment Law

On August 1, 2019, a court of appeal in Scott v. City of San Diego reversed an award of attorney’s fees in the amount of $51,946.96 to an employer after it prevailed in a jury trial over claims of race discrimination and retaliation under the...

05 Aug Off-Duty, and On-Duty, Meal Periods Must be at Least 30 Minutes

Posted at 13:46h in Employment Law

On July 31, 2019, a court of appeal in L’Chaim House, Inc. v. Division of Labor Standards Enforcement held that employers in the public housekeeping industry covered by Wage Order No. 5 must provide meal periods of at least 30 minutes to their employees, regardless...

29 Jul Ninth Circuit Withdraws Its Opinion Applying Dynamex Test Retroactively

Posted at 14:38h 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. applied the California Supreme Court’s April 2018 Dynamex decision retroactively. In Dynamex, the Supreme Court created the “ABC test” for determining when a worker will...

23 Jul A “Class Action” Requires Plaintiffs Show More Than Workers Were Misclassified

Posted at 10:17h in Class Action

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...

15 Jul New Law Will Prohibit Employers from Discriminating Based on Hairstyle

Posted at 12:58h in Employment Law

On July 3, 2019, Governor Newsom signed Senate Bill No. 188 amending California’s anti-discrimination laws so that the definition of “race” will include “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles,” such as “braids, locks, and twists.” The...

09 Jul Ninth Circuit Makes Clear That Employees Must Be Paid for All Time Worked

Posted at 09:43h in Employment Law

On June 28, 2019, the Ninth Circuit Court of Appeals in Rodriguez v. Nike Retail Services, Inc., reversed s summary judgment in favor of Nike in a class action lawsuit seeking compensation for the time employees had to undergo exit inspections every time they left...

02 Jul Employee Who is “Potentially Disabled” May Proceed to Trial Over His Claims

Posted at 10:00h in Employment Law

On June 10, 2019, a California court of appeal in Ross v. County of Riverside reversed a lower court’s grant of summary judgement in favor of an employer because it found that questions of fact existed over whether an employee was “physically disabled” and entitled...

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