California Labor & Employment Law Blog

Who Decides “Gateway” Issues of Arbitrability of Class/Representative Claims – a Court or an Arbitrator?

March 3, 2015 - 1:15 PM

By: Robin E. Largent

Last week, a California Court of Appeal issued a decision that provides important guidance on drafting of employment arbitration agreements.  In Universal Protection Service, LP v Superior Court (Franco), the employer had its employees sign an arbitration agreement.  The agreement was silent on the issue of class action/representative action claims, but generally...
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Court Says PAGA Representative Action Waiver Is Unenforceable Even Though Plaintiff Had Ability to Opt Out of Arbitration Agreement

March 3, 2015 - 12:04 PM

By: Robin E. Largent

Last week a California Court of Appeal addressed various issues relating to the enforceability of an employment arbitration agreement containing a class action and representative action waiver in the wake of the California Supreme Court’s decision in Iskanian v. CLS Transportation.  In this latest case, Securitas Security Services USA, Inc. v. Superior...
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Ninth Circuit Seeks California Supreme Court Guidance on California’s Day of Rest Law

February 23, 2015 - 10:17 AM

By: Robin E. Largent

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...
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California Supreme Court Grants Review in Independent Contractor Misclassification Case

February 3, 2015 - 7:10 PM

By: Robin E. Largent

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....
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California Court:  On-Call Rest Breaks Are Permissible

February 3, 2015 - 12:10 PM

By: Robin E. Largent

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...
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Supreme Court Denies Review in Iskanian v. CLS Transportation

January 20, 2015 - 11:55 AM

By: Robin E. Largent

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...
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It Pays to Sleep on the Job in California

January 8, 2015 - 1:55 PM

By: Robin E. Largent

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...
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Supreme Court Unanimously Rules That Security Screening Time Is Not Compensable

December 9, 2014 - 11:40 AM

By: Robin E. Largent

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...
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Blog Editor

Cal Labor Law

Robin E. Largent is a Partner in CDF’s Sacramento office and may be reached at 916.361.0991 or rlargent@cdflaborlaw.com BIO »

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