In Dane-Elec v. Bodokh, the Court examined whether an employer may recover attorney fees incurred in successfully defending a wage claim, found not to have been brought in bad faith, when the wage claim was inextricably intertwined with a contract claim for which the employer would otherwise be
Wrongfully Terminated Employee Is Not Entitled To Damages For Increased Tax Liability As A Result Of A Lump Sum Backpay Award
In Barber v, State Personnel Board (Department of Corrections and Rehabilitation), the Court examined whether an employee can recover damages for his increased tax liability for having received a lump sum back pay award. Plaintiff was terminated from his job and filed a complaint with the
The “ABC” Test As Defined In Dynamex Is To Be Applied Retroactively
In Vazquez v. Jan-Pro Franchising International, Inc., the Court discussed the application of Dynamex Ops. W. Inc. v. Superior Court, 4 Cal.5th 903 (2018) and the “ABC” test. The “ABC test” was adopted by the California Supreme Court in Dynamex. The test requires the hiring entity to establish
Employee Forced To Arbitrate Even When Rejecting Policy
In Diaz v. Sohnen Enterprises, the Court of Appeal considered whether an employee was subject to an arbitration policy that she did not sign. Plaintiff filed a complaint alleging workplace discrimination on December 22, 2016. Twenty days earlier, on December 2, 2016, she and her coworkers received
The Labor Code Protections Apply To Non-Ministerial Teachers Working For A Religious School
In Su v. Stephen S. Wise Temple, the Court held that teachers at a religious school were entitled to protections under the Labor Code. Plaintiffs were a group of preschool teachers employed by defendant, a religious school. The teachers alleged that the school violated various provisions of the
PAGA Penalties Must Be Distributed Amongst All Employees
In Moorer v. Noble LA Events Inc., the Court addressed the distribution of PAGA penalties among employees. Plaintiff attempted to get a default judgment, but the trial court denied it and dismissed the case. The trial court denied plaintiff’s request because he refused to comply with the court’s
Employees Are Entitled To Reporting Time Pay For Calling Office For On-Call Shifts
In Ward v. Tilly's, the Court revised a dismissal of plaintiff’s case concerning on-call shifts and reporting time pay. The court noted the basic concept of on-call scheduling: Employees are assigned on-call shifts, but are not told until they call in two hours before their shifts start
OT Laws Do Not Apply When Preempted By A Federal Law And A Collective Bargaining Agreement
In Curtis v. Irwin Industries, Inc, the Court held that California overtime law does not apply to an employee working under a qualifying collective bargaining agreement. Plaintiffs worked for a company that conducted operations on oil platforms located off the coast of California, on the Outer