Ninth Circuit Seeks California Supreme Court Guidance on California’s Day of Rest Law
February 23, 2015 - 10:17 AM
California Labor Code section 551 provides that employees are entitled to one day’s rest in seven and that no employer shall cause an employee to work more than six days in seven. The statute exempts employees who do not work more than 30 hours per week, or who do not work more than 6 hours...
California Supreme Court Grants Review in Independent Contractor Misclassification Case
February 3, 2015 - 7:10 PM
Last week the California Supreme Court granted the employer’s petition for review in Dynamex v. Superior Court, an independent contractor misclassification case in which the Court of Appeal held that the test for independent contractor versus employee status depends on whether the employee is alleging a violation of wage order provision or not....
California Court: On-Call Rest Breaks Are Permissible
February 3, 2015 - 12:10 PM
Last week a California Court of Appeal issued its published decision in Augustus v. ABM Security Services, Inc., overturning a $90 million class judgment against ABM based on its purported failure to provide its security guards with proper rest breaks. Although it was undisputed that the security guards regularly were provided with and took rest...
Supreme Court Denies Review in Iskanian v. CLS Transportation
January 20, 2015 - 11:55 AM
Today, the United States Supreme Court issued an order denying review of the California Supreme Court’s decision in Iskanian v. CLS Transportation. CLS Transportation had petitioned for review of the California Supreme Court’s recent ruling that a PAGA representative action waiver in an employment arbitration agreement is unenforceable. Although...
It Pays to Sleep on the Job in California
January 8, 2015 - 1:55 PM
Today the California Supreme Court issued its decision in Mendiola v. CPS Security Solutions, Inc., addressing the issue of whether security guards working 24-hour shifts have to be paid for all 24 hours or whether 8 hours of sleeping time (during which the security guards are simply on-call) may be uncompensated. The Court held that the...
Supreme Court Unanimously Rules That Security Screening Time Is Not Compensable
December 9, 2014 - 11:40 AM
Today the U.S. Supreme Court issued its decision in Busk v. Integrity Staffing Solutions, Inc., unanimously holding that time warehouse employees spent waiting to go through security checks and undergoing those checks at the end of their shift was not compensable time. The decision overrules a contrary conclusion that the Ninth Circuit Court...
California Court Complicates Determination of Independent Contractor Misclassification Claims
October 29, 2014 - 11:20 AM
A decision earlier this month by a California Court of Appeal in Dynamex v. Superior Court greatly (and unnecessarily) complicates the determination of whether an employee is an independent contractor or an employee, and in some instances makes it extremely difficult for an employer to defeat class certification of an independent contractor misclassification claim.
Federal District Court in California Rules That Iskanian Is Wrong and That PAGA Representative Action Waivers Are Enforceable
August 28, 2014 - 10:23 AM
Earlier this summer, the California Supreme Court ruled in Iskanian v. CLS that while class action waivers in employment arbitration agreements are enforceable, similar waivers of the right to bring a representative action under PAGA are not enforceable. The Court reasoned that preventing a representative action under PAGA is contrary to California public policy...
Page 1 of 41