What's New - Rediger Labor Law

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On April 15, 2019, a California court of appeal in an unpublished decision in Culberson v. Walt Disney Parks and Resorts affirmed a summary judgment in favor of an employer in a class action lawsuit alleging willful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

25 Mar Transportation Worker May Proceed in Court with Wage and Hour Class Action Lawsuit Despite Agreement to Arbitrate Claims

Posted at 09:51h in Class Action

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 in court alleging...

18 Mar Trial Judge Must Address Whether Employer’s Wage Policies Were Sufficiently Uniform to Permit Class Certification

Posted at 09:10h in Class Action

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...

11 Mar Employee’s Refusal to Share PAGA Penalties with Aggrieved Employees Results in Dismissal of Lawsuit

Posted at 09:37h in Class Action, Employment Law

On February 27, 2019, a California court of appeal published its decision in Moorer v. Noble L.A. Events Inc., affirming a trial court’s order dismissing the plaintiff’s lawsuit that alleged violations of the Labor Code, Wage Order No. 4, and the Private Attorneys General Act...

04 Mar PAGA Claim Will Not be Compelled to Arbitration

Posted at 10:29h in Class Action

On February 25, 2019, a California court of appeal in Correia v. NB Baker Electric, Inc. affirmed a trial court’s order denying an employer’s petition to compel arbitration of a claim brought under the Private Attorney General Act of 2004 (PAGA). The trial court had...

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