Roland M. Juarez

Firm/Organization: Hunton Andrews Kurth LLP

Blogs: Hunton Employment & Labor Perspectives

Latest Articles

Five Things to Remember About Employee Reimbursements in California

By D. Andrew Quigley & Roland M. Juarez on July 29, 2019

Labor and employment_California_Road Sign

The California Labor Code requires employers to reimburse employees for certain expenses, but it’s not always clear which expenses should be reimbursed by the employer, and which expenses should be borne by employees. Here’s a list of Five Things to Remember About Employee Reimbursements to help California employers navigate this area of the law.…

Hunton Employment & Labor Perspectives

One-Year Statue of Limitations Strictly Enforced in PAGA Suit

By Rafael N. Tumanyan & Roland M. Juarez on June 26, 2019

Claims under California’s Private Attorneys General Act (PAGA) are recently much in vogue. With the proliferation of arbitration agreements and class action waivers, plaintiffs’ attorneys all over California been using PAGA claims – which cannot be waived in an arbitration agreement – as a preferred vehicle to pursue representative wage-and-hour lawsuits against employers. While there are many unresolved issues relating to the litigation of PAGA lawsuits, California courts are making clear that a PAGA lawsuit…

Hunton Employment & Labor Perspectives

California First Appellate District Reminds Employers: Check Arbitration Provisions for Unconscionability

By Andrea R. Calem & Roland M. Juarez on May 21, 2019

arbitration agreement and gavel_1200x675

California First Appellate District’s recent decision in Subcontracting Concepts, LLC v. DeMelo, A152205 (April 10, 2019) applies well-established unconscionability principles to an arbitration agreement signed by an employee of an independent contractor. The employee, DeMelo, was hired directly by Express Messenger Systems, Inc. (d/b/a OnTrac), which contracted with Subcontracting Concepts, LLC (SC). At the start of his eCamployment, DeMelo was required to sign SC’s “Owner/Operator Agreement,” a five-page, 27-paragraph agreement with an arbitration clause…

Hunton Employment & Labor Perspectives

Court Rules: Continued Employment Supports Consent To Arbitrate

By Debra Urteaga & Roland M. Juarez on May 20, 2019

Labor and employment_Places_Skyline, Los Angeles, California

On April 10, 2019, the California Court of Appeals, Second District, in Diaz v. Sohnen Enterprises, 2019 S.O.S. 1722, ruled that an employee impliedly consents to an arbitration agreement by simply continuing to work, despite never signing the arbitration agreement and even outright rejecting it. Prior to distributing arbitration agreements to its employees, Sohnen notified them that it was adopting a new dispute resolution policy requiring arbitration of all claims and specified that continued employment…

Hunton Employment & Labor Perspectives

California: No Fee Award For Prevailing Employer in FEHA Action Even Where 998 Offer Rejected

By Stephen C. Franz & Roland M. Juarez on December 20, 2018

California’s legislature and courts have acted to curb an employer’s ability to recover its fees and costs when it prevails in a lawsuit brought under California’s Fair Employment and Housing Act (“FEHA”, Government Code § 12940 et seq.), even if the plaintiff employee rejected the employer’s Code of Civil Procedure Section 998 offer to compromise.…

Hunton Employment & Labor Perspectives

Time-Rounding Systems Endorsed by California Court Despite Net Loss to Named Plaintiffs

By Andrea R. Calem & Roland M. Juarez on July 18, 2018

In AHMC Healthcare, Inc. v. Superior Court of Los Angeles County, No. B285655 (June 25, 2018) (“AHMC Healthcare”), California’s Second District Court of Appeals upheld an employer’s use of a payroll system that automatically rounds employee time up or down to the nearest quarter hour. Although the California Supreme Court has not yet addressed this issue, AHMC Healthcare aligns with decisions from the federal Ninth Circuit Court of Appeals, many federal district courts, and California’s…

Hunton Employment & Labor Perspectives

Ninth Circuit Approves DOL Regulation Expanding Tip-Pooling Rules To All Employers

By Hunton & Williams LLP, Ryan A. Glasgow & Roland M. Juarez on March 2, 2016

Under the Fair Labor Standards Act (FLSA), employers who use a tip credit to satisfy their minimum wage obligations for tipped employees must follow certain rules related to those tips. One of those rules relates to the use of tip pools – i.e., pooling of tips received by multiple tipped employees and then dividing the total among the pool participants based on a specified formula. Under Section 3(m) of the FLSA, employers who rely…

Roland M. Juarez

Five Things to Remember About Employee Reimbursements in California

One-Year Statue of Limitations Strictly Enforced in PAGA Suit

California First Appellate District Reminds Employers: Check Arbitration Provisions for Unconscionability

Court Rules: Continued Employment Supports Consent To Arbitrate

California: No Fee Award For Prevailing Employer in FEHA Action Even Where 998 Offer Rejected

Time-Rounding Systems Endorsed by California Court Despite Net Loss to Named Plaintiffs

Ninth Circuit Approves DOL Regulation Expanding Tip-Pooling Rules To All Employers

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