What's New - Rediger Labor Law

06 May Ninth Circuit Applies Dynamex “ABC Test” for Determining Independent Contractor Retroactively

Posted at 10:57h in Employment Law

On May 2, 2019, the U.S. Court of Appeals for the Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc. vacated a summary judgment in favor of an international janitorial cleaning business that had classified its janitors as “independent contractors” rather than “employees” under California...

28 Apr Express Language in Agreement Required for Arbitration of Class Actions

Posted at 10:47h in Class Action

On April 24, 2019, the U.S. Supreme Court in Lamps Plus, Inc. v. Varela held that judges may compel class action arbitration only where the parties have expressly agreed to do so in their arbitration agreement. Reversing a decision of the Ninth Circuit Court of...

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On April 15, 2019, a California court of appeal in an unpublished decision in Culberson v. Walt Disney Parks and Resorts affirmed a summary judgment in favor of an employer in a class action lawsuit alleging willful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

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