Employment Law

EMPLOYMENT LAW

Garcia v. Border Transportation Group: Two Standards, One Issue

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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

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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

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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

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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

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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

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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