What's New - Rediger Labor Law

26 Feb Class Action May Proceed Against Employer Who Failed to Use Clear, Standalone Disclosure Form for Third Party Background Check

Posted at 11:28h in Employment Law

An employer that conducts a background investigation of its applicants or employees must do so in accordance with the strict requirements imposed by federal and California laws. On January 29, 2019, the U. S. Court of Appeals for the Ninth Circuit in Gilberg v. California...

19 Feb Employee May Not Sue Employer’s Payroll Company for Wage and Hour Violations

Posted at 11:01h in Employment Law

On February 7, 2019, the California Supreme Court in Goonewardene v. ADP reversed a decision of a court of appeal that had permitted an employee to sue the payroll company her employer used to pay its employees. The plaintiff alleged that the earnings statements provided...

15 Feb Employees Required to “Call-In” Are Entitled to Reporting Time Pay if Not Put to Work

Posted at 10:56h in Employment Law

On February 4, 2019, a California court of appeal in a 2-1 decision held that if an employee is required to “call-in” to see if he or she must report for work, such as by using a phone or logging on to a computer remotely,...

06 Feb A Costly Lesson: Pay an Employee All Wages Owed When Employment Ends

Posted at 12:49h in Employment Law

A recent decision by a California court of appeal illustrates the importance of an employer paying an employee all wages owed in a timely manner when the employment relationship is severed. In Stratton v. Beck, an employee of two months filed a claim with the...

28 Jan Poorly Worded Severance Clause Results in Denial of Employer’s Motion to Compel PAGA and All Other Claims to Arbitration

Posted at 11:30h in Employment Law

On December 12, 2018, the Third Appellate District in Smigelski v. PennyMac Financial Service affirmed a trial court’s denial of an employer’s motion to compel arbitration of its former employee’s Private Attorneys General Act claims. In its unpublished decision, the Smigelski court found that the...

22 Jan Employee’s Imprecise Evidence of Hours Worked Sufficient for Unpaid Overtime and Deficient Wage Statement Claims

Posted at 10:33h in Employment Law

On January 4, 2019, the court of appeal published its decision in Furry v. East Bay Publishing, LLC holding that an employee’s “imprecise evidence” of overtime worked can provide a sufficient basis for damages when his employer failed to keep accurate records of the time...

15 Jan Parties May Agree That an Arbitrator, Not a Judge, Will Decide if Their Dispute is Arbitrable

Posted at 08:25h in Class Action

On January 8, 2019, a unanimous United States Supreme Court held in Schein v. Archer & White Sales that the parties to an arbitration agreement may agree to have an arbitrator decide “gateway questions of arbitrability,” as well as the merits of a particular dispute. The...

24 Dec Employer’s Meal Period Policy That Does Not Comply With California Law Results in Liability Under PAGA

Posted at 11:40h in Class Action, Employment Law

A decision published by a California court of appeal on December 19, 2008 in Carrington v. Starbucks Corp. again demonstrates how critical it is that employers have a well-written meal period policy in place that conforms to the law. A barista who worked at Starbucks...

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