In Rodriguez v. E.M.E., Inc., the Court of Appeal considered an employer’s deviation from the “preferred” schedule of meal and rest breaks enumerated in section 12(A) of Wage Order 1-2001. For a daily shift of at least eight hours, employers must provide their employees with a thirty-minute meal
Whether An Employer Must Provide Employee Seating Depends On Totality Of The Circumstances
In Kilby v. CVS Pharmacy, Inc., the Court analyzed California wage order requirements stating that employers must provide their employees with suitable seating under certain circumstances. Plaintiff filed a class-action lawsuit against her former employer CVS Pharmacy, Inc. for failing to provide
Appellate Court Upholds Denial of Motion To Compel Arbitration
In Carbajal v. CWPSC, Inc., the Court upheld a trial court’s ruling to deny a motion to compel arbitration. A former employee filed a lawsuit against the defendant employer for wage and hour claims. The defendant tried to force her into arbitration. The trial court denied the motion to compel
Former Employee Was Required To Reimburse Employer For Sponsored Training Program
In USS-POSCO Industries v. Case, the Court enforced a contract that required reimbursement for training if the employee left within 30 months of completion of the training. There, the employee entered into a voluntary employer-sponsored educational program. He agreed in writing that if he quit his
Class Action Waiver In DIRECTV Service Agreement Is Enforceable
In DIRECTV, Inc. v. Imburgia, the U.S. Supreme Court held that class action waivers were enforceable. The company and its customers entered into a service agreement that included a binding arbitration provision with a class-arbitration waiver. It specified that the entire arbitration provision was
Employer Was Not Required To Inform Employees Of The Right To Revoke Meal Period Waiver
In Palacio v. Jan & Gail’s Care Homes, Inc., the Court upheld the denial of a class certification based on meal period waivers. At the time of hires, employees of Care Homes are required to sign an agreement waiving their right to uninterrupted meal periods in accordance with the facility’s
Default Judgment Was Void When A Statement Of Damages Was Improperly Used
In Dhawan v. Biring, the Court of Appeal again addressed the propriety of using a statement of damages to obtain a default. The Court held that where a complaint did not specify the amount of damages sought, a default judgment was void — not merely voidable — and subject to collateral attack at
Class Action Waiver Ruled Unenforceable In A Non-FAA Arbitration
In Garrido v. Air Liquide Industrial U.S. LP, the Court held that a class action waiver was unenforceable in a Non-FAA arbitration. Plaintiff Mario Garrido entered into an agreement with his employer, defendant American Air Liquide, Inc. The agreement provided that all disputes arising out of