What's New - Rediger Labor Law

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...

23 Nov Upcoming Event – The Rules of Evidence: A Practical Toolkit

Posted at 15:13h in Employment Law

Friday, December 14, 2018: National Business Institute will present a seminar entitled, “The Rules of Evidence: A Practical Toolkit” in Sacramento. Robert L. Rediger will join other speakers at this one-day seminar and present “Keeping Evidence Out (Pre And Post Trial).”...

05 Sep Waiting Time Penalties for Late Payment of Final Check, and Attorneys’ Fees on Appeal

Posted at 09:32h in Employment Law

The court of appeal in Nishiki v. Danko Meredith, APC reduced an employee’s Labor Commissioner award for waiting time penalties to $2,250, but awarded an additional amount of $86,160 for attorney fees against the employer....

04 Sep California Supreme Court: “A few extra minutes of work each day can add up.”

Posted at 07:52h in Employment Law

The California Supreme Court: the de minimis doctrine, recognized as a defense to a claim for unpaid wages under federal law, is not applicable to claims for unpaid wages brought under California law....

02 May California Supreme Court Establishes New Criteria for a Worker to be Classified as an “Independent Contractor”

Posted at 11:36h in Employment Law

On April 30, 2018, the California Supreme Court handed down a unanimous decision that will affect any employer that classifies a worker as an “independent contractor,” as opposed to an employee. The Court in Dynamex Operations held that it is the employer’s burden to prove...

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