By: Phillip J. Ebsworth and Brian B. Gillis
Seyfarth Synopsis: The California Supreme Court held that PAGA does not apply to public entity employers.
The California Supreme Court overturned the Court of Appeal and prior appellate court decisions to conclude that the PAGA statute, legislative history, and public policy support the conclusion public entity employers are not subject to
Continue Reading PAGA Paraphrased – Stone v. Alameda Health System
The
Continue Reading California Supreme Court Hears Oral Argument to Define “Independent Contractor”
Co-Authored by Sheryl Skibbe, Jon Meer, and Michael Afar
Seyfarth Synopsis: A recent court decision credited Nike’s time and motion study showing employees spent mere seconds of time in off-the-clock bag checks, finding the checks to be too trivial and difficult to capture to require payment. In contrast, the class failed to present actual evidence showing any amount
Continue Reading Nike Prevails On Bag Check Case
Co-authored by Kristen Peters and Simon L. Yang
Seyfarth Synopsis: Last month in Mendoza v. Nordstrom, Inc., the California Supreme Court addressed three questions about California’s “day of rest” statutes that prohibit employers from causing employees “to work more than six days in seven.” California employers can now rest assured that (1) employees are entitled to one day
Continue Reading And on the Seventh Day, Let Them Rest… or Work—If They Want!
Authored by
Seyfarth Synopsis: In what many employers will see as a “break” from workplace reality, the Supreme Court, in Augustus v. ABM Security Services, Inc., announced that certain “on call” rest periods do not comply with the California Labor Code and Wage Orders. As previously reported on our California Peculiarities Employment Law Blog,
Continue Reading No Break for California Employers This Holiday Season
Authored by Jeffrey A. Berman, Julie G. Yap, and Michael Afar
Last week, the California Supreme Court issued a ruling on a California Wage Order requirement that employers provide “suitable seats” for employees when the “nature of the work reasonably permits the use of seats.” The consolidated decision says employers have to provide seating where employee tasks
Continue Reading Better Sit Down for This… or Stand and Rejoice? California Supreme Court Clarifies “Suitable Seating” Rules
Co-authored by David D. Kadue and Simon L. Yang
On Tuesday, January 20, 2015, the Court declined to take the case of CLS Transportation Los Angeles, LLC v. Iskanian, in which an employer asked the Court to reverse a ruling of the California Supreme Court. At issue was whether an employee who has agreed to submit all employment-related claims
Continue Reading U.S. Supreme Court Declines to Referee Slugfest Between Federal and California Courts on Enforceability of Arbitration Agreements
Co-authored by Colleen Regan and David Kadue
Gentry is dead. Back in 2007, the California Supreme Court, in Gentry v. Superior Court held that California public policy favoring class actions was so important that employers cannot have employees, in arbitration agreements, waive their right to pursue a class action. Many thought that the Gentry rule contradicted the Federal Arbitration Act,
Continue Reading BREAKING NEWS RE CALIFORNIA CLASS ACTION WAIVERS: GENTRY IS DEAD; LONG LIVE PAGA.
Co-authored by Geoffrey Westbrook and Laura Maechtlen
With years in the making, the long-awaited decision of the California Supreme Court in Duran v. U.S. Bank has finally arrived and represents a significant victory for California employers. Duran is the first case to consider the now prevalent use of statistical evidence by class action plaintiffs to condense class certification briefing and/or
Continue Reading California Supreme Court Finds Plaintiffs’ Use of Statistical Evidence in Class Wage and Hour Litigation Doesn’t Add Up: Why California Employers Now Have a Higher Probability of Success After Duran v. U.S. Bank
Authored by Jim Harris
The California Supreme Court heard oral argument in two important cases involving employment-related class actions. From the tenor of and comments made at the argument, it appears likely that the ultimate results will be a mixed bag for employers.
The first case, Iskanian v. CLS Transportation of Los Angeles, LLC, which we reported on late
Continue Reading Let’s Play Two: California Supreme Court Hears Oral Argument in Two Important Class Action Cases