The California Court of Appeal has affirmed a complete victory by Safeway Inc. over a certified class of wage-and-hour plaintiffs. Esparza v. Safeway Inc., et al., B287927 (Los Angeles County Super. Ct. No. BC369766, June 10,...
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On May 16, 2019, a federal jury handed down a huge win for a compounding pharmacy, Imprimis Pharmaceuticals, Inc., in its defense of efforts by pharmaceutical giant Allergan USA, Inc. to put it out of business. On September...
The Ninth Circuit Court of Appeals, in Vazquez v. Jan-Pro Franchising Int’l, No. 17-16096 (9th Cir. May 2, 2019), has held that the California Supreme Court’s landmark decision in Dynamex Operations West, Inc. v....
April 30, 2019
California Gig Economy Employers Should Approach the Department of Labor’s Recent Opinion Letter With Caution
UPDATE: On Feb. 19, 2021, the Department of Labor withdrew the Opinion Letter that was at issue in this alert. As of March 3, 2021, it is unclear what steps the Department of Labor, under a new administration, will take...
This month’s key employment law cases address the religious organization exemption under Title VII of the Civil Rights Act and arbitration agreements. Garcia v. Salvation Army, 918 F.3d 997 (9th Cir. 2019) Summary:...
This month’s key California employment law cases involve reporting time pay and potential liability of payroll companies for wage-and-hour violations. Goonewardene v. ADP, LLC, 6 Cal. 5th 817, 243 Cal. Rptr. 3d 299 (2019)...
On April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act (“FAA”) bars orders requiring class arbitration when an agreement is ambiguous about the availability of such a...
This month’s key California employment law cases involve wage-and-hour issues. Donohue v. AMN Servs., 29 Cal. App. 5th 1068, 241 Cal. Rptr. 3d 111 (2018) Summary: Policy rounding employees’ time worked is legal if...
February 11, 2019
California Supreme Court Limits Liability for Payroll Service Providers
On February 7, 2019, the California Supreme Court unanimously held in Goonewardene v. ADP, Inc., S238941 that a payroll service provider cannot be held liable for errors it makes in issuing paychecks to workers of companies...
February 8, 2019
California Court of Appeal Expands Reporting Time Pay Requirements for On-Call Shifts
On February 4, 2019, a divided panel of the California Court of Appeal held in Ward v. Tilly’s, Inc., No. B280151, that employees scheduled for “on-call” or “call-in” shifts may be entitled to reporting time pay,...
The last few years have brought an increasing number of class action lawsuits filed against employers alleging non-compliance with the Fair Credit Reporting Act (“FCRA”). As part of an evolving trend of narrowly...
This month’s key employment law cases address meal periods and payment of wages. Kaanaana v. Barrett Business Servs., Inc., 29 Cal. App. 5th 778, 240 Cal. Rptr. 3d 636 (2018) Summary: Absent valid on-duty meal period,...