What's New - Rediger Labor Law

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...

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....

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