What's New - Rediger Labor Law

24 Sep Governor Codifies the “ABC Test” for Independent Contractors by Signing AB 5

Posted at 06:00h in Employment Law

On September 18, 2019, the governor signed Assembly Bill 5, which becomes effective on January 1, 2020. AB 5 codifies and expands on the California Supreme Court’s 2018 Dynamex decision which applied its so-called “ABC test” to determine whether a worker in California is an...

17 Sep In a Win for Companies, Supreme Court Holds PAGA Does Not Permit the Recovery of Unpaid Wages

Posted at 10:23h in Class Action

On September 12, 2019, the California Supreme Court in ZB, N.A., and Zions Bancorporation v. Superior Court settled an issue on which several courts of appeal had differed and held that an employee’s claims for unpaid wages are not recoverable under the Private Attorney Generals...

10 Sep California Continues to Prevent the Enforcement of Agreements to Arbitrate Employment Disputes

Posted at 06:00h in Employment Law

On August 29, 2019, the California Supreme Court in a 6-1 decision in Oto, LLC v. Kho, refused to compel arbitration of an employee’s wage complaint that had been filed with the California Labor Commissioner. The Oto court found that "the oppressive circumstances presented" rendered...

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...

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