In National Labor Relations Board v. International Association of Bridge, Structural Ornamental, and Reinforcing Iron Workers, the Court enforced the National Labor Relations Board’s (NLRB) order to a union. The union had induced/encouraged others “to engage in a strike or a refusal to perform work
Franchisor (McDonald’s) Is Not The Employer Of Franchisee’s Workers
In Salazar v. McDonald’s Corporation, the Court held that a franchisor (McDonald’s) cannot be classified as an employer of its franchisees’ workers, and also is not an agent of a franchisee who can be held liable for wage-and-hour violations under an ostensible-agency theory. The plaintiff class
Court Restricts A Prevailing Employer’s Ability To Recover Attorneys’ Fees Against An Employee Who Unsuccessfully Brings A Wage Claim
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
Employers May Not Consider Prospective Employees’ Former Salaries When Setting Wage Differentials
In Rizo v. Yovino, the 9th Circuit considered the text of the Equal Pay Act, 29 U.S.C. Section 206(d)(1). The relevant section states that employers may not discriminate against employees on the basis of sex by paying men and women different wage rates except where such payments are made pursuant to
Presence Of Non-Severability Clause Renders Arbitration Agreement Unenforceable
In Montano v. The Wet Seal Retail, Inc., the Court of Appeal affirmed a lower court decision denying an employer’s motion to compel arbitration of Plaintiff’s wage and hour claims, including a representative action brought under the Labor Code Private Attorneys General Act (PAGA), when that employer
Plaintiff Without Standing Could Not Obtain Class Discovery
In CVS Pharmacy v. Super. Ct. (Deluca), the Court addressed under what circumstances can a plaintiff who seeks injunctive relief on behalf of a class of which the plaintiff is not a member obtain precertification discovery to seek out a legitimate plaintiff to support an action for injunctive relief
California’s Investigative Consumer Reporting Agencies Act (ICRAA) Is Constitutional
In Connor v. First Student, Inc., the Court of Appeal held that the California’s Investigative Consumer Reporting Agencies Act (ICRAA) is not unconstitutionally vague. The ICRAA and the Consumer Credit Reporting Agencies Act (CCRAA) regulate agencies that gather information on consumers to provide
California Supreme Court Upholds Arbitration Clause In Consumer Contract in Sanchez v. Valencia Holding Co.
In Sanchez v. Valencia Holding Co., the California Supreme Court addressed the enforceability of arbitration provisions with class action waivers in consumer agreements, in particular, a sale contract used by car dealerships. The trial court initially ruled the contract provision as unenforceable