California Employment Law Update

The American Tort Reform Foundation has just released its annual report on “Judicial Hellholes.”  The Report claims that in California, the legislature and courts “extend liability at almost every given opportunity,” including fostering “no-injury” litigation in the form of class action and PAGA (Private Attorneys General Act) lawsuits in the workplace. California takes the number one spot for the fourth time in the last seven years. Excessive employment-related lawsuits and ubiquitous PAGA claims in particular…
A small business owner wrote an op-ed piece for the Los Angeles Times, explaining how the Private Attorneys General Act (PAGA) hurts employees as well as employers – and primarily benefits lawyers. He uses his own experience defending such a case to demonstrate how PAGA is forcing him to operate his business in a way that benefits neither him nor his employees. Read the full opinion here: https://www.latimes.com/opinion/op-ed/la-oe-monroe-paga-small-businesses-20181206-story.html
If you haven’t ridden one yet, it’s likely you’ve had one fly by you on the sidewalk. Electric scooters – or e-scooters – have quickly descended upon most major cities in America. These app-based scooters let a user ride across the city at up to 15 m.p.h. and then discard the scooter wherever the rider happens to disembark. While relatively new, injuries from riding these scooters are already fairly common, and the scooters also have…
We invite you to review our newly-posted November 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Non-Solicitation Provision Was An Unenforceable Restraint Employer Was Not Liable For Accident Involving Employee Who Was Talking On Her Cell Phone Injured Employee May Have Been “Regarded As” Disabled Under The ADA Dean Of Theological Seminary Was A “Ministerial Employee” Employee Who Declined Settlement Offer Was
Certified Tire & Serv. Ctrs. Wage & Hour Cases, 28 Cal. App. 5th 1 (2018) Plaintiffs in this certified wage and hour class action contend that Certified Tire violated applicable minimum wage and rest period requirements by implementing a compensation program, which guaranteed its automotive technicians a specific hourly wage above the minimum wage but also gave them the possibility of earning a higher hourly wage for all hours worked based on certain productivity…
Brown v. Ralphs Grocery Co., 2018 WL 5629874 (Cal. Ct. App. 2018) Terri Brown brought a representative action against her employer, Ralphs Grocery Company, under the Private Attorneys General Act (“PAGA”), alleging wage and hour violations. In 2009, Brown filed a notice with the California Labor and Workforce Development Agency (“LWDA”) as required under PAGA and also filed her complaint alleging PAGA violations. When Brown filed a second amended complaint alleging new violations of…
Garcia v. Border Transp. Group, LLC, 2018 WL 5118546 (Cal. Ct. App. 2018) Jesus Cuitlahuac Garcia, a taxicab driver, filed a wage and hour lawsuit against Border Transportation Group (“BTG”), alleging claims based upon the wage orders of the Industrial Welfare Commission; wrongful termination in violation of public policy; failure to pay minimum wage; failure to pay overtime; failure to provide meal and rest breaks; failure to furnish accurate wage statements; waiting time penalties;…
Marsh v. J. Alexander’s LLC, 905 F.3d 610 (9th Cir. 2018) (en banc) Plaintiffs in this case alleged that their employers abused the tip credit provision of the Fair Labor Standards Act (“FLSA”) by paying them a reduced tip credit wage and treating them as tipped employees when they were engaged in either non-tipped tasks unrelated to serving and bartending or non-incidental tasks related to serving or bartending such as hours spent cleaning and…
Martinez v. Eatlite One, Inc., 27 Cal. App. 5th 1181 (2018) Samantha Martinez, a sandwich maker and cashier, sued Eatlite (the owner of a Subway store) for employment discrimination in violation of public policy, gender and pregnancy discrimination, failure to provide reasonable accommodations in the workplace, violation of the California Constitution and negligent supervision and retention. A jury found in favor of Martinez on all grounds and awarded her $11,490 in damages. Prior to…