A Plaintiff Cannot be Compelled to Arbitrate the Threshold Question of Employee Status in a PAGA Claim
in Employment Law by Timothy Reuben
In Damaris Rosales v. Uber Technologies, Inc. (May 4, 2021) 2021 DJDAR 4243, the Court of Appeal, Second Appellate District, clarified that a plaintiff asserting a claim for civil penalties under the Labor Code Private Attorneys General Act of 2004 … more
Job Applicants Cannot Bring Common Law Tort Actions Against Prospective Employers for “Tameny” Discrimination
in Employment Law by Timothy Reuben The Court of Appeal, Third Appellate District, recently clarified that a common law tort action under Tameny for employer conduct in violation of public policy requires an employment relationship. In Williams v. Sacramento River Cats Baseball Club, LLC, 40 Cal. … more
Court of Appeal Affirms Jury Verdict Because Plaintiffs Presented Prima Facie Case of Whistleblower Retaliation
in Employment Law by Timothy Reuben The Court of Appeal, Second Appellate District, recently issued an opinion illustrating the burden of proof in a whistleblower retaliation case. In Hawkins v. City of L.A., 40 Cal. App. 5th 384 (2019), the court affirmed a jury verdict for … more
Garcia v. Border Transportation Group: Two Standards, One Issue
in Employment Law by Timothy Reuben The Court of Appeal, Fourth Appellate District, recently issued an opinion clarifying the appropriate test for whether or not a person is an “employee” or an “independent contractor” in the context of a wage order claim. In Garcia v. Border … more
9th Circuit Holds Prior Salaries Can Not Be Basis For Pay Differentials Between Male and Female Employees
in Employment Law by Timothy Reuben The 9th Circuit decided in Rizo v. Yovino, 2018 U.S. App. LEXIS 8882, that prior salaries are not “factors other than sex” to justify a pay differential between men and women. In Rizo v. Yovino, The Court, en banc, addressed … more
Court of Appeal Finds Employer Not Vicariously Liable For Co-Employer’s Meal Break Violations
in Employment Law by Timothy Reuben The Court of Appeal, First Appellate District, recently issued an opinion clarifying the extent of the duty an employer owes to ensure its employees take their meal breaks. In Serrano v. Aerotek, Inc. (Mar. 9, 2018, No. A149187) ___Cal.App.5th___ [2018 … more
Plaintiff Asserting Claim Under Private Attorneys General Act (PAGA) Must Provide Adequate Notice And May Not Proceed Individually
in Employment Law by Timothy Reuben The Court of Appeal, Second District, recently clarified what constitutes adequate notice to the California Labor and Workforce Development Agency (LWDA) in order to assert a PAGA claim. In Khan v. Dunn-Edwards Corp. (2018) 19 Cal.App.5th 804, plaintiff brought a … more
Court of Appeal: Trial Court Appropriately Exercised Discretion Denying Plaintiff’s Attorney Fees
in Employment Law by Timothy Reuben Coming out of the California Court of Appeal, Fourth Appellate District, Division Two, the Court of Appeal determined in Bustos v. Global P.E.T., Inc. (Dec. 22, 2017, No. E065869) 2017 Cal. App. LEXIS 1168, that the trial court appropriately exercised … more
Court of Appeal Clarifies Wage and Hour Class Action Expert Qualification
in Employment Law by Timothy Reuben The California Court of Appeal continues to favor class certification in the recent ABM Industries Overtime Cases ___Cal.App.5th___ [2017 Cal. App. LEXIS 1165] coming out of the First District, Division Four, published January 10, 2018. This trend will continue to … more