In Ehret v. WinCo Foods, LLC, Plaintiffs were employees of Defendants and were subject to a collective bargaining agreement which at least purported to provide that an employee who works a shift of not more than six hours is not entitled to a meal break. The Employees sued arguing the company
California Does Not Use The De Minimis Doctrine Found in Fair Labor Standards Act
In Troester v. Starbucks Corporation, the California Supreme Court was asked by the Ninth Circuit to answer whether the federal Fair Labor Standards Act’s de minimis doctrine applies to claims for unpaid wages under California Labor Code sections 510, 1194, and 1197? The California Supreme Court
Taco Bell’s Discounted Meals Program For Employees On Breaks On Premises Is Legal
In Rodriguez v. Taco Bell Corporation, the Court analyzed whether Taco Bell offering their employees a discounted meal to eat during their 30-minute lunch break, subject to a restriction that the meal be eaten on the premises, violated the law. California Wage Order 5-2001 requires employees be
A Preprinted Release In A Workers’ Compensation Case Was Not A General Release Waiving All Employment Claims
In Camacho v. Target Corporation, the Court addressed a workers’ compensation waiver and whether it constituted a general waiver. The plaintiff filed a lawsuit for discrimination based on sexual orientation, harassment causing a hostile work environment, failure to prevent harassment and
Waiting Time Penalties Are Tied To Willful Employer Underpayment And Courts Lack Discretion To Waive Them
In Diaz v. Grill Concepts Services, Inc. the Court of Appeal affirmed a trial court decision finding an employer liable for waiting time penalties. Here, defendant employer was required to pay its employees a living wage subject to an ordinance promulgated by the Los Angeles City Council. When the
Aggrieved Employees May Bring Representative PAGA Claims For All Labor Code Violations
In Huff v. Securitas Security Services USA, Inc., the Court of Appeals agreed with the lower court’s interpretation of the Private Attorneys General Act (PAGA) in holding that a person personally affected by at least one Labor Code violation committed by an employer – an “aggrieved employee” – may
Representative PAGA Claims Do Not Require Proof Of Injury Or A Knowing And Intentional Violation.
In Raines v. Coastal Pacific Food Distributors, the Court of Appeal affirmed in part, and reversed in part, a decision by the trial court granting Defendants’ motion for summary judgment on claims brought by Plaintiff under the Private Attorneys General Act (PAGA), in both a representative and
Probationary Employees Taking Medical Leave May Deduct That Time From Their Respective Probationary Periods
In Hernandez v. Rancho Santiago Community College District, the Court of Appeal affirmed a lower court decision holding that an employer failed to reasonably accommodate Plaintiff’s temporary total disability and did not engage in a good faith interactive process with Plaintiff to determine