California Employment Law Report

California Employment Law Report

The latest litigation trends, court decisions, & issues on California Employment Law

Tag Archives: Private Attorney General Act

Ignoring these legal notices can create liability for California employers

Posted in Best Practices For California Employers, Wage & Hour Law
man signing documentHappy Friday!  This Friday’s Five provides five legal requests and/or notices that, if ignored, can create huge liability for a California employer. 1. Requests for personnel records and time records There are many different Labor Code provisions that obligate the employer to provide current and former employees with a copy of their personnel files and/or… Continue Reading

Five statutes that can shift attorney’s fees to employers

Posted in Best Practices For California Employers, California Legislation Update, Exempt Employees, Resources, Technology & Law, Uncategorized, Wage & Hour Law, Wrongful Termination
You may recall from your college business law class of the “American rule” regarding attorney’s fees: generally in the United States each side is responsible to their own attorney’s fees, and unlike other countries, the loser does not have to pay the other party’s attorney’s fees. Employers can basically ignore this general rule in employment… Continue Reading

Personal cell phones at work: Five lessons employers should take away about expense reimbursement set forth in Cochran v. Schwan’s Home Services

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Expense Reimbursement, New Cases, Technology & Law, Wage & Hour Law
Colin Cochran brought a putative class action against his employers, Schwan’s Home Service, on behalf of 1,500 customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. He alleged causes of action for violation of Labor Code section 2802; unfair business practices under Business and Professions… Continue Reading

Friday’s Five: Five California Labor Code provisions employees cannot waive

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Expense Reimbursement, New Cases, Wage & Hour Law
Here is a list of five rights provided to employees under the California Labor Code that the employee may not waive by agreement with an employer. 1. Minimum wage Labor Code Section 1194 provides a private right of action to enforce violations of minimum wage and overtime laws. That statute clearly voids any agreement between… Continue Reading

California Supreme Court Upholds Class Action Waivers: Iskanian v. CLS Transportation Los Angeles, LLC

Posted in Best Practices For California Employers, Class Actions, New Cases, Wage & Hour Law
Today, the California Supreme Court issued a ruling in Iskanian v. CLS Transportation Los Angeles, LLC regarding the enforceability of class action waivers in arbitration agreements. In upholding class action waivers in arbitration agreements, the Supreme Court explained in the introduction of the opinion: The question is whether a state’s refusal to enforce such a… Continue Reading

What To Do In Response To Receiving Private Attorneys Generals Act Notice Sent To The Labor and Workforce Development Agency (LWDA)

Posted in Class Actions, Wage & Hour Law
The Private Attorneys General Act (PAGA) is a Labor Code provision that permits aggrieved employees to recover civil penalties that are only recoverable by the California Labor and Workforce Development Agency (LWDA) and the Labor Commissioner. PAGA expands the scope of penalties available through wage and hour lawsuits.  PAGA is sometimes referred to as the… Continue Reading

7 Items A Company Needs To Do After Being Sued In A Wage And Hour Class Action

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases, Wage & Hour Law
Being named as a defendant in a class action lawsuit can be overwhelming, especially for a quickly growing company. However, with planning, a company can minimize the impact of the litigation on its existing operations and put forth the best defense. Here are seven items a company can do as part of this planning process… Continue Reading
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