Co-authored by Sherry Skibbe and Andrew Paley
Allstate Insurance Company “insured” a major victory last week in an off the clock class action pending in Los Angeles Superior Court, vindicating employers’ argument that plaintiffs cannot simply intone the magical incantation of “statistical sampling” as a means of collective proof in a class action. Rather, plaintiffs must proffer a detailed and
Continue Reading Court Insures Allstate Against Unsound Trial Plan Mayhem
We are thrilled to announce a special blog series, coming soon to this very blog! This series will focus on wage & hour issues specific to the Golden State and will highlight the unique problems raised by California labor laws and litigating California wage & hour cases. As many of our readers are all too well aware, California’s wage &
Continue Reading Coming Soon to the Blog: The California Wage & Hour Series
Authored by Kerry Friedrichs
As technology continues to expand and evolve, employers increasingly are needing the services of highly-skilled computer programmers, software engineers, systems analysts, and similar employees. Often, these employees desire flexibility and autonomy in their work schedules. Fortunately, the FLSA and California law enable employers to offer flexibility to these employees, as they both provide a complete minimum
Continue Reading Time to Review the Exempt Classification of Computer Employees?
Authored by Michael W. Kopp
Ordonez v. RadioShack, Part II is the end-of-summer sequel you do not want to miss. It features our protagonist, the “uniform rest break policy,” a sinister cast of declarations of similar treatment, a harrowing finding of unlawfulness, a dramatic second run by plaintiff at class certification, and the court’s emphatic second opinion denying plaintiff’s
Continue Reading Uniform Break Policies Are Not Uniformly Suited for Class Treatment
Co-authored by Jacob Oslick and Timothy Rusche
California requires written waivers if an employee misses a second meal break, right? Not exactly, clarified the California Court of Appeal in Fayerweather v. Comcast Corp. Instead, a waiver only is needed if the employer makes an employee miss a second meal break and not if the break is voluntarily skipped. The court
Continue Reading The New Comcast Decision: Not Hungry? No Meal Break Waiver Needed.
Authored by Gena Usenheimer
In a decision that is becoming more and more commonplace, last week the Central District of California enforced a class action waiver in an arbitration agreement, rejecting the panoply of arguments raised by the plaintiff in opposition.
In Appelbaum v. AutoNation, Inc., et al., the plaintiff sought to representative a putative class of service technicians and
Continue Reading Another One Bites the Dust: Central District of California Joins the Chorus of Courts Enforcing Class Action Waivers
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
Co-authored by Rishi Puri, Noah Finkel, and Andrew Paley
At this point, California employers are all too familiar with litigation seeking compensation for preliminary and postliminary activities. The de minimis doctrine is a main line of defense in actions for these claims. Recognized in the seminal U.S. Supreme Court decision of Anderson v. Mt Clemens Pottery Co.,
Continue Reading Starbucks Ruling Makes the Most of the De Minimis Doctrine
Co-authored by Sheryl Skibbe and Simon L. Yang
Private Attorney General Actions (PAGA) brought by individuals as representative actions on behalf of the State of California and other aggrieved employees are not sufficiently similar to federal Rule 23 class actions to support federal jurisdiction under the Class Action Fairness Act (CAFA). But is there still a way into federal court?
Continue Reading PAGA PENALTIES FAIL TO ADD UP FOR FEDERAL JURISDICTION
Co-authored by Loren Gesinsky and Scott Rabe
Employers across the country are in the midst of planning, decorating, and reveling in good cheer as they prepare to enjoy — or perhaps already did enjoy — an office holiday party.
While most employment attorneys and human resources professionals appreciate the potential morale-building of office holiday parties — and do not want
Continue Reading Don’t Be Scrooged: Wage & Hour Tips To Help Employers Avoid Holiday Party Humbug