Helix Energy Solutions Group, Inc. v. Hewitt, 598 U.S. ___, 143 S. Ct. 677 (2023)
Oil rig worker Michael Hewitt earned over $200,000 per year but did not receive overtime compensation. Hewitt was paid on a “daily-rate” basis, i.e., Hewitt’s
California Employment Law Update
California Employment Law Update, published by Proskauer Rose LLP, focuses on developments in California labor and employment law. The blog covers topics such as arbitration procedures and deadlines, employee rights related to meal and rest breaks, wage and hour issues including prompt payment of accrued vacation, employment discrimination and retaliation claims, class actions, breach of contract disputes involving employee compensation, and litigation strategies including anti-SLAPP motions. It addresses both statutory and case law updates affecting employers and employees in California, providing insights on compliance, enforcement, and litigation outcomes relevant to labor and employment practitioners.
Latest from California Employment Law Update - Page 5
Good Faith Is Defense To Labor Code’s “Knowing And Intentional” Standard
By Tony Oncidi
Naranjo v. Spectrum Sec. Servs., Inc., 2023 WL 2261253 (Cal. Ct. App. 2023)
After holding that premium payments from meal and rest period violations under Labor Code section 226.7 constituted “wages,” the California Supreme Court remanded to the Court of…
Court Compels Individual But Not Representative Claims To Arbitration
By Tony Oncidi
Piplack v. In-N-Out Burgers, 2023 WL 2384502 (Cal. Ct. App. 2023)
In-N-Out Burgers appealed from the trial court’s denial of its motion to compel arbitration. The trial court denied the motion because In-N-Out’s arbitration agreement contained an unenforceable PAGA waiver.…
Employer That Failed To Layoff Employee Before She Became Disabled May Have Discriminated
By Tony Oncidi
Lin v. Kaiser Found. Hosps., 2023 WL 2202544 (Cal. Ct. App. 2023)
Suchin Lin received favorable performance evaluations as an IT Engineer at Kaiser before the decision was made to eliminate her position. Before Lin was informed of the elimination…
Pregnancy Discrimination Lawsuit Was Properly Dismissed
By Tony Oncidi
Lopez v. La Casa de Las Madres, 2023 WL 2534998 (Cal. Ct. App. 2023)
Gabriela Lopez worked as shelter manager for a non-profit organization that provides services to women and children who are victims of domestic violence. In September 2016,…
No Claim By Employee Who Was Friends With Alleged Harasser
By Tony Oncidi
Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023)
Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla began working at Rite Aid where Lund worked as a district manager/district leader.…
Employer Need Not Count Overtime Twice In Bonus Calculation
By Tony Oncidi
Lemm v. Ecolab Inc., 2023 WL 21795 (Cal. Ct. App. 2023)
Stephen Lemm, a route sales manager, brought a PAGA action against his employer, Ecolab, Inc., alleging that Ecolab improperly calculated nondiscretionary bonuses. Pursuant to Ecolab’s incentive plan, an employee…
Real Estate Agents Are Independent Contractors As A Matter Of Law If Requirements Met
By Tony Oncidi
Whitlach v. Premier Valley, Inc., 86 Cal. App. 5th 673 (2022)
James Whitlach, a real estate agent, brought a PAGA suit against Premier Valley, Inc. dba Century 21 MM and Century 21 Real Estate, LLC (collectively, “Century 21”). Whitlach alleged…
Judgment Against Employer Was Enforceable Where Appeal Was Invalid
By Tony Oncidi
Patel v. Chavez, 85 Cal. App. 5th 712 (2022)
Manuel Chavez was employed as an on-site hotel property manager by DTWO & E, Inc. and Stuart Union, LLC from 2002 to 2016. Chavez alleged he was paid less than the…
Former Teacher’s Defamation Suit Was Properly Dismissed Under Anti-SLAPP Statute
By Tony Oncidi
Bishop v. The Bishop’s School, 86 Cal. App. 5th 893 (2022)
Chad Bishop was a teacher at The Bishop’s School for 16 years. In March 2019, Bishop entered into a contract as an English teacher for the 2019-20 academic year.…