Arbitration agreements that are well-drafted and “state-of-the-art” under current California law are key to ensuring that employment disputes will be resolved by final and binding arbitration. But a recent California Court of Appeal case – Fleming Distribution Co. v. Younan (Cal. Ct. App., May 15, 2020, No. A157038) 2020 WL 2511680 – is a cautionary… Read More
Posts Categorized In: Employment Litigation
A Successful Plaintiff Gets Attorneys’ Fees Calculated at $750/hour
In Caldera v. Department of Corrections and Rehabilitation, the California Court of Appeal was asked to determine the proper amount of attorneys’ fees that should be awarded to a disabled employee who won a $500,000 verdict at trial. The employee, Augustine Caldera, complained that his supervisors regularly harassed and mocked him because of his stutter…. Read More
CA Supreme Court Rules that PAGA Claims Survive Even if Underlying Claims are Settled
California employment law is notoriously volatile. The ever-changing landscape – especially as related to Labor Code violations and cases brought under California’s wide-ranging Private Attorneys General Act (“PAGA”), which authorizes representative actions for Labor Code violations – can make it challenging for employers to find certainty in how they plan for potential claims and address… Read More
uWait, uWork, iPay
The California Supreme Court recently clarified that California law requires that Apple Inc. pay its workers for all time they spend waiting to be searched before leaving Apple retail stores. In Frlekin v. Apple, Inc., workers at Apple’s retail stores filed a class action lawsuit against Apple Inc. in federal court asserting that they had… Read More
What’s in a Name? The Devil Is In The Details
Recently, a California appellate court issued a clear reminder to employers that paying meticulous attention to detail is required in complying with California’s wage and hour laws. In Noori v. Countrywide Payroll & HR Solutions, Inc. (CA3 C084800, 12/26/19), the Third Appellate District closely analyzed the Labor Code’s requirements regarding itemized wage statements and concluded… Read More
Pay Your Arbitration Fees Late? Risk Losing Your Right to Arbitrate
Senate Bill (“SB”) 707, which became effective on January 1, 2020, creates substantial consequences for employers that fail to pay the costs and fees associated with the arbitration on time. Specifically, after January 1, 2020, an employer that fails to pay arbitration fees within 30 days after such fees are due will be held to… Read More
Employees Can Now Seek Civil Penalties For Late Wages
Starting January 1, 2020, California employees will be able to seek penalties from their employers directly for late payment of wages. If you are wondering thinking employees were already able to do that, you are partially right. On October 10, 2019, Governor Newsom signed Assembly Bill 673 (“AB 673”), which amends California Labor Code § 210… Read More
Court Blocks AB 51 From Taking Effect on January 1, 2020
AB 51 was signed by Governor Newsom back in October 2019. AB 51 generally prohibited employers from requiring employees, as a condition of employment, to agree to arbitrate any future Labor Code claims and/or Fair Employment and Housing Act (“FEHA”) claims. AB 51 also made it illegal for employers to use an “opt out” provision… Read More
California Supreme Court Gives Employers a PAGA Victory
In a rare “win” for California employers, the California Supreme Court recently ruled in ZB, N.A. v. Superior Court that the “underpaid wages” authorized by Labor Code §558 are not recoverable in a PAGA action. California’s Private Attorneys General Act (PAGA) As readers of this blog know well, PAGA permits an “aggrieved employee” to bring an… Read More
Blowing the Whistle…Paying the Piper
Whistleblowing in the workplace recently got a lot more expensive for California employers. A recent California Court of Appeals decision, Todd Hawkins et al. v. City of Los Angeles, has reminded employers — again — about how costly a whistleblower case can be. Blowing the Whistle… Anyone following the national news is familiar with the general… Read More
