What's New - Rediger Labor Law

03 Sep NLRB Permits Employer to Implement Arbitration Agreement in Response to Class Action Lawsuit

Posted at 05:01h in Labor Law

On August 14, 2019, the National Labor Relations Board in Cordúa Restaurants, Inc. held that employers are not prohibited by the National Labor Relations Act from informing employees that their failing or refusing to sign a mandatory arbitration agreement will result in their discharge, and...

26 Aug Claim of Discrimination Under the ADA Based on Morbid Obesity Dismissed

Posted at 11:19h in Employment Law

On August 20, 2019, the U.S. Court of Appeals for the Ninth Circuit in Valtierra v. Medtronic Inc. affirmed a summary judgment in favor of an employer where the plaintiff alleged he was fired because of his morbid obesity in violation of the Americans With...

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...

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