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California Employment Law Update

Class Action Claims Were Moot After Class Representative Settled His Individual Claims

By Tony Oncidi

July 31, 2020

Brady v. AutoZone Stores, 960 F.3d 1172 (9th Cir. 2020) Michael Brady sued AutoZone Stores for alleged violations of Washington State’s meal break laws. After several years of litigation, the district court denied Brady’s motion for class certification; Brady then settled his individual claims with AutoZone. Although the settlement agreement stated that it was “not intended to settle or resolve Brady’s Class Claims,” it did not provide that Brady would be entitled to any financial…

California Employment Law Update

Hirer Of Independent Contractor Was Not Liable For Death Of Latter’s Employee

By Tony Oncidi

July 31, 2020

Horne v. Ahern Rentals, Inc., 50 Cal. App. 5th 192 (2020) The surviving heirs of Ruben Dickerson sued Ahern Rentals, a company that leases forklifts and other heavy-duty construction vehicles to its customers. Dickerson’s employer, 24-Hour Tire Service, provided tire repair and replacement services for Ahern’s equipment. Dickerson was killed on Ahern’s premises while he was replacing the tires on one of its forklifts. Dickerson’s heirs received workers’ compensation benefits from 24-Hour’s workers’ compensation insurer. …

California Employment Law Update

Trial Court Should Have Scrutinized Declarations Submitted By Employer In Wage Hour Case

By Tony Oncidi

July 31, 2020

Barriga v. 99 Cents Only Stores LLC, 2020 WL 3481717 (Cal. Ct. App. 2020) Sofia Wilton Barriga filed this lawsuit against her employer, 99 Cents Only, alleging that the “zero-tolerance” policy requiring its stores to lock their doors at closing time forced nonexempt employees such as herself and those similarly situated to wait for as long as 15 minutes for a manager with a key to let them out of the store. Plaintiff alleged that…

California Employment Law Update

Service Technicians May Be Entitled To Compensation For Travel Time

By Tony Oncidi

July 31, 2020

Oliver v. Konica Minolta Bus. Solutions USA, Inc., 2020 WL 3446865 (Cal. Ct. App. 2020) In this putative class action, plaintiffs Michael Oliver and Norris Cagonot sued their employer for compensation for the time they and other service technicians spent driving their own personal vehicles to the first customer site in the morning and from the last customer site in the evening. Service technicians did not report to an office for work, and they carried…

California Employment Law Update

Non-Severability Clause In Arbitration Agreement Invalidated Entire Agreement

By Tony Oncidi

July 31, 2020

Kec v. Superior Court, 2020 WL 3869721 (Cal. Ct. App. 2020) Nichole Kec brought individual, class and Private Attorneys General Act (PAGA) claims against her employer, R.J. Reynolds Tobacco Co., et al. Kec had signed a predispute contractual waiver of class actions and any “other representative action,” including a PAGA claim. The arbitration agreement further stated that it was “not modifiable nor severable” and that if the representative waiver is found to be invalid, “the…

California Employment Law Update

Class Action Was Improperly Removed To Federal Court Under CAFA

By Tony Oncidi

July 31, 2020

Adams v. West Marine Prods., Inc., 958 F.3d 1216 (9th Cir. 2020) Adrianne Adams filed a putative wage and hour class action in state court, which her former employer (West Marine) removed to federal court under the federal Class Action Fairness Act “CAFA”. Invoking the discretionary home state controversy exception to CAFA jurisdiction, the district court declined to exercise jurisdiction and ordered the case remanded to state court. On appeal, West Marine argued that the…

California Employment Law Update

Summary Judgment Was Properly Granted In Favor Of Hospital In Meal/Rest Break Case

By Tony Oncidi

July 31, 2020

David v. Queen of the Valley Med. Ctr., 2020 WL 3529683 (Cal. Ct. App. 2020) Registered nurse Joana David sued her former employer, Queen of the Valley Medical Center, for allegedly failing to pay her for meal breaks and rest periods and for failure to pay minimum wage. David also alleged she was not paid for all wages that were owed because of the hospital’s time-rounding policy. The trial court granted summary judgment in favor…

California Employment Law Update

Religious Schools Were Permitted To Terminate Employment Of Teachers Despite Claims Of Discrimination

By Tony Oncidi

July 31, 2020

Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) Agnes Morrissey-Berru and Kristen Biel worked as elementary school teachers at, respectively, Our Lady of Guadalupe School and St. James School. Following the termination of her employment, Morrissey-Berru sued her school for age discrimination under the ADEA; following the termination of her employment, Biel alleged her school had discriminated against her because she had requested a leave of absence to obtain…

California Employment Law Update

IATSE Signatory Was Employer Responsible For Payment Of Unpaid Wages

By Tony Oncidi

July 31, 2020

Mattei v. Corporate Mgmt. Solutions, Inc., 2020 WL 3970367 (Cal. Ct. App. 2020) Alyosha Mattei and three other lighting technicians, all members of Local 728 of the IATSE trade union, worked on the production of a television commercial that was produced under the 2016 Commercial Production Agreement (CPA) – to which IATSE and the Association of Independent Commercial Producers, Inc. are signatories. MullenLowe hired Diktator US, LLC, to produce the commercial. Because Diktator is not…

California Employment Law Update

Airline Employees Whose Base of Work Is In California Must Receive Legally Compliant Wage Statements

By Tony Oncidi

July 31, 2020

Ward v. United Airlines, Inc., 2020 WL 3495310 (Cal. S. Ct. 2020) Plaintiffs are pilots and flight attendants for United Airlines, which is based outside California. Although they reside in California, they perform most of their work in airspace outside of California’s jurisdiction. The employees are not paid according to California wage law, but pursuant to the terms of a collective bargaining agreement entered into under federal labor law. The question posed in this case…

Proskauer Rose LLP

Class Action Claims Were Moot After Class Representative Settled His Individual Claims

Hirer Of Independent Contractor Was Not Liable For Death Of Latter’s Employee

Trial Court Should Have Scrutinized Declarations Submitted By Employer In Wage Hour Case

Service Technicians May Be Entitled To Compensation For Travel Time

Non-Severability Clause In Arbitration Agreement Invalidated Entire Agreement

Class Action Was Improperly Removed To Federal Court Under CAFA

Summary Judgment Was Properly Granted In Favor Of Hospital In Meal/Rest Break Case

Religious Schools Were Permitted To Terminate Employment Of Teachers Despite Claims Of Discrimination

IATSE Signatory Was Employer Responsible For Payment Of Unpaid Wages

Airline Employees Whose Base of Work Is In California Must Receive Legally Compliant Wage Statements

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