In Benjamin v. B&H Education, the 9th Circuit upheld a trial court’s declaration that plaintiff cosmetology students are not entitled to recover wages because they are not employees within the meaning of the Fair Labor Standards Act (FLSA), or under California and Nevada state law, even though a
IWC Order Authorizes Waiver Of One Meal Break For Shifts Greater Than Twelve Hours
In Gerard v. Orange Coast Memorial Medical Center, the Court of Appeal held that an order of the Industrial Welfare Commission (IWC) authorizing employees to waive one of their two meal breaks, statutorily-guaranteed by virtue of working at least a 12-hour shift, was valid and did not contravene a
Employees Paid On Commission Are Entitled To Separate Compensation For Rest Periods
In Vaquero v. Stoneledge Furniture, LLC, the Court of Appeal overturned the trial court’s grant of summary judgment to defendant employer regarding Plaintiffs’ causes of action involving unpaid rest periods, unpaid wages upon termination, and unfair business practices. The Court declared that the
Adhesion Contract Requiring Arbitration Upheld Despite Presence Of Two Unconscionable Provisions
In Poublon v. C.H. Robinson Company, the 9th Circuit Court considered the enforceability of a dispute resolution provision that contained some elements of unconscionability. Determining whether a given contract is unconscionable requires an analysis of both procedural and substantive
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
Supreme Court Weighs In On Payment Of Overtime In Auto Dealerships
In Navarro v. Encino Motorcars, the 9th Circuit Court of Appeals held that automobile dealerships must pay service advisors – employees whose job responsibilities include evaluating the repair and maintenance needs of customers’ cars and writing estimates – overtime compensation in accordance with
Employees Cannot Be Forced To Arbitrate Any Part Of A PAGA Claim
In Hernandez v. Ross Stores, the Court of Appeal upheld a trial court’s refusal to compel arbitration for a Plaintiff who brought a representative claim for alleged Labor Code violations under the Labor Code Private Attorney General Act (PAGA). The Court affirmed Williams v. Superior Court in
PAGA Claims May Not Be Waived By Pre-Dispute Agreements
In Tanguilig v. Bloomingdale’s, the Court of Appeal upheld the trial court’s denial of Bloomingdale’s motion to compel arbitration of Plaintiff’s claims brought on behalf of herself and her fellow employees pursuant to the Labor Code Private Attorneys General Act (PAGA). Here, Plaintiff signed an