08/13/2020 UPDATE:

On the date of the initial publication of this article, the Labor Commissioner’s lawsuits against ride-sharing behemoths Uber and Lyft, were in the early stages.  But, the Labor Commissioner’s office is not the only entity seeking relief from the court against Uber and Lyft.  Back on May 5, 2020, the California Attorney General

Arbitration agreements are an increasingly popular way for employers to manage employment disputes effectively and efficiently. A common provision in arbitration agreements is a class action waiver, wherein the parties agree to resolve any dispute on an individual basis. Any employer who has faced a wage and hour class action understands how complex and expensive

A California appellate opinion issued yesterday offers a fact pattern and jury verdict familiar to employment counsel: A longtime employee resists a proposed change pushed by his new boss, citing an anxiety disorder; the new boss finds the claimed anxiety a dubious excuse; the boss learns the employee has been moonlighting and potentially using company

In O’Grady v. Merchant Exchange Productions, Inc., the California Court of Appeals held that a mandatory service charge could potentially be found to be a gratuity that must be distributed to service employees.  The issue in the case is whether a “service charge” can be a “gratuity” that Labor Code section 351 requires to

In ZB, N.A. v. Superior Court (Lawson) (Sept. 12, 2019), the California Supreme Court held that plaintiffs cannot recover the unpaid wages described in Labor Code section 558 in a Private Attorneys General Act of 2004 (PAGA) claim.  This ruling drastically limits the amount of penalties that plaintiffs can attempt to recover in PAGA actions. 

In April 2019, a jury in a California federal court awarded plaintiffs over $6 million in damages for missed meal breaks. Hamilton et al. v. Wal-Mart Stores Inc. et al. (Case No. 5:17-cv-01415-AB-KK).  The case involved 5,000 employees who worked at Walmart’s fulfillment center in Chino, California.  Plaintiffs brought a class action against Walmart alleging

On February 4, 2019, a California Court of Appeal ruled that employees calling their employer to determine if they must come into work is considered reporting to work, and reporting time pay is owed to the employee if they are not required to work that day.  The case is Ward v. Tilly’s, Inc. from the

The beginning of 2019 brought substantial employment case settlements and verdicts.  This Friday’s Five reviews the settlements and verdicts that should catch the attention of all employers, as well as a review of the U.S. Supreme Court’s new ruling on arbitration agreements for transportation workers:

1. Restaurant settles claim with Labor Commissioner for $4 million