What's New - Rediger Labor Law

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...

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...

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