What's New - Rediger Labor Law

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 In its unpublished decision, the Smigelski court found that the...

22 Jan Employee’s Imprecise Evidence of Hours Worked Sufficient for Unpaid Overtime and Deficient Wage Statement Claims

Posted at 10:33h in Employment Law

On January 4, 2019, the court of appeal published its decision in Furry v. East Bay Publishing, LLC holding that an employee’s “imprecise evidence” of overtime worked can provide a sufficient basis for damages when his employer failed to keep accurate records of the time...

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...

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