The California Supreme Court’s decision in Naranjo v. Spectrum Security Services, Inc. represents a significant win for employers across the state, providing much-needed clarity on wage statement requirements and the categorization of premium pay for missed breaks. While this ruling alleviates some of the complexities surrounding California’s stringent labor laws, it also serves as a
New Cases
Plaintiff’s Intentional Deletion of Text Messages Results In Dismissal of Case
In the case Jones v. Riot Hospitality Group, the plaintiff, Alyssa Jones sued her former employer, a bar, Riot Hospitality Group, and its owner individually alleging discrimination and other employment tort claims. Plaintiff was found to have intentionally deleted relevant text messages with co-workers from 2017 and 2018, and coordinated with her witnesses to…
California Supreme Court Holds Trial Courts Do Not Have Authority to Dismiss PAGA Claims For Manageability Concerns
As recently covered on this blog, the surge in Private Attorneys General Act (PAGA) lawsuits and the amounts of damages sought in these cases in California has become a significant cause for concern among the business community. PAGA, initially designed to empower employees to file lawsuits for labor code violations on behalf of themselves and…
California Supreme Court To Issue Critical PAGA Decision in Estrada v. Royalty Carpet Mills, Inc.
The recent surge in Private Attorneys General Act (PAGA) lawsuits and the amounts of damages sought in these cases in California has become a significant cause for concern among the business community. This legislation, initially designed to empower employees to file lawsuits for labor code violations on behalf of themselves and other workers, has seen…
Decoding the New Rules after the California Supreme Court’s Ruling in Adolph v. Uber Technologies: Arbitration Agreements and PAGA Representative Actions
In Adolph v. Uber Technologies, Inc., the California Supreme Court held that even when an employee enters into an arbitration agreement requiring the employee to arbitrate only their individual claims, the employee still has a right to continue to pursue remedies under California’s Private Attorneys General Act (PAGA), if they are able to…
U.S. Supreme Court Rules Employee Earning $200,000 a Year is Non-Exempt
California law starts from a presumption that all employees are non-exempt employees, meaning that they are not exempt from the Labor Code requirements, such as overtime pay, meal and rest breaks, and minimum wage. Exempt employees are designated as such because they are “exempt” from certain wage and hour requirements due to their duties and…
Five things California employers should understand about the U.S. Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana
In Viking River Cruises, Inc. v. Moriana, plaintiff worked for Viking as a sales representative in Los Angeles. Plaintiff sued Viking alleging various Labor Code violations and sought to recover PAGA penalties on a representative basis. However, when she started working for Viking, she agreed to resolve all employment issues with Viking in arbitration,…
Five Employment Law Developments in May 2022 California Employers Need to Know
As we end May 2022 and break for Memorial Day weekend, there were some major case develops within the last week for California employers. Here are five key highlights California employers need to know about:
1. Naranjo v. Spectrum Security Services, Inc. – Penalties just increased for non-compliant meal and rest breaks.
This week, the…
Five Employment Law Developments in April 2022 California Employers Need to Know
As we start April 2022, here are five new California employment law developments that California employers need to know about:
1. Court rules California’s law requiring corporate board diversity is unconstitutional.
California passed AB 979 which enacted Corporations Code section 301.4 in 2020. The law requires corporations with their principal executive offices located in California…
U.S. Supreme Court Grants Review Of Challenge To California’s Private Attorneys General Act (PAGA)
On December 15, 2021, the U.S. Supreme Court granted certiorari in Viking River Cruises, Inc. v. Moriana. At issue in this case is whether a California employer may enter into a voluntary agreement with an employee whereby the employee agrees to only bring his or her individual claims in an arbitration proceeding and not…