What's New - Rediger Labor Law

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...

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,...

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