Vacation Pay at Termination in California Law When California employees who have accrued vacation are terminated, their employers must pay them all vacation wages owed. California employers are not required to provide paid vacation to their workers. But, if they do, California law treats paid vacation the same as other wages in the sense that […]
Read more...Blog
Perez v. U-Haul: Employers cannot compel arbitration of standing issue in PAGA cases
Some companies continue to try to force employees to arbitrate their individual PAGA claims before bringing their representative PAGA claims in court. Two appellate decisions make it crystal clear that California courts have rejected these efforts, and that workers are not required to litigate PAGA claims in multiple forums.
By way of background, in Iskanian v. CLS Transportation, the California Supreme Court held that employers could not compel plaintiffs to arbitrate their representative PAGA claims. In the wake of that case, some defendants began to argue that where workers had signed an arbitration agreement, they should be required to arbitrate their individual claims before proceeding with their representative claims in court. Continue reading “Perez v. U-Haul: Employers cannot compel arbitration of standing issue in PAGA cases”
Read more...Morris v. Ernst & Young -The Ninth Circuit Follows D.R. Horton
In an important decision for workers seeking to join together to enforce their employment rights, the Ninth Circuit Court of Appeals ruled in Morris v. Ernst & Young (https://cdn.ca9.uscourts.gov/datastore/opinions/2016/08/22/13-16599.pdf) that employers can not impose concerted action waivers in mandatory arbitration agreements. The Ninth Circuit held that employers violate Sections 7 and 8 of the National Labor Relations Act […]
Read more...Can I Get Fired for Taking Time Off to Take Care of a Sick Family Member?
Many people are aware that employers cannot discriminate against an employee with a disability under the California Fair Employment and Housing Act (FEHA) or the Americans with 
Disabilities Act (ADA). But, what if you have a child, spouse or parent with a disability and need to take time off from work to care for him or her? What if you need to be home in the evenings to nurse a disabled loved one back to health? Can your employer retaliate against you for requesting an accommodation or discriminate against your because you are associated with someone with a disability? Continue reading “Can I Get Fired for Taking Time Off to Take Care of a Sick Family Member?”
California Wage Statements and Exempt Employees
California Labor Code section 226 requires that an employer provide its employees with wage statements, sometimes known as pay stubs, when it pays their wages. Section 226(a) provides a list of the specific information that must be included in wage statements. Employers that ignore these requirements face liability both under section 226(e), and, through PAGA, under section 226.3.
One of the requirements of section 226(a) is that the employer state the total number of hours that an employee worked. This requirement is important for most employees, because it is the most effective way to figure out whether you are paid for all hours worked. But what about employees who are not paid by the hour, like salaried employees or employees who are paid on a commission basis? Continue reading “California Wage Statements and Exempt Employees”
Read more...Some Real Data Regarding the Gig Economy-and What It Tells Us About the Future of the U.S. Economy
It feels like the “gig economy” (also referred to euphemistically as the “sharing economy”) has taken over. Uber, Grubhub, TaskRabbit, wherever you look, it seems like employees are being replaced by independent contractors or temporary workers who are being exploited by internet-based companies. This perception is stoked by predictions in the tech industry, such as Intuit’s recent claim that by 2020, 43 percent of workers will be employed in the on-demand labor market. (Of course, Intuit markets its products to “on-demand employers,” so such predictions should be taken with a grain of salt.)
A tectonic shift of this nature would upend the way that we think about work and wages. Among other things, independent contractors are not subject to many wage and hour requirements, such as overtime and the minimum wage. And temp workers often struggle to piece together a livable income from multiple sources of employment. Continue reading “Some Real Data Regarding the Gig Economy-and What It Tells Us About the Future of the U.S. Economy”
Read more...Does it Matter if my Client is a Medicare-Enrolled Beneficiary?
Do you have a client who is sixty-five or older? Do you have a disabled client? If so, you should determine whether the client is a Medicare-enrolled beneficiary.
Medicare beneficiaries who have claims against a tortfeasor with liability insurance or no fault insurance must initially contact the Centers for Medicare and Medicaid Services (CMS) and its Coordinator of Benefits Contractor (COBC) to report a case. Continue reading “Does it Matter if my Client is a Medicare-Enrolled Beneficiary?”
Read more...PAGA and Intervention: Replacing a Plaintiff Who Wants Out
One of the seminal cases in the world of California’s Private Attorneys General Act, or PAGA, is Iskanian v. CLS Transportation. Iskanian wound its way up to the California Supreme Court, which ultimately held that arbitration agreements that attempt to limit a plaintiff’s right to bring PAGA actions are unenforceable.
Now Iskanian is back in the news. After years of struggle, the plaintiff, Mr. Iskanian, decided that he did not want to proceed with the case. (It is unclear why he reached that decision.) In an interesting twist, he then filed a motion, representing himself, to dismiss his individual claims (which were being arbitrated) as well as his PAGA claims. His attorneys then sought to replace him with Mr. Frost, another individual from the group of limousine drivers that Mr. Iskanian belonged to. Continue reading “PAGA and Intervention: Replacing a Plaintiff Who Wants Out”
Read more...New PAGA Rules Take Effect July 1, 2016
Governor Jerry Brown’s budget for 2016-17 contains several significant amendments to the procedural requirements of the Private Attorneys General Act, or PAGA. These amendments apply to PAGA cases filed on or after July 1, 2016. They are limited to cases alleging violations of the California Labor Code provisions listed in Labor Code section 2699.5. The amendments fall […]
Read more...Commonality, Damages, and Representative Evidence: The Ninth Circuit Properly Cabins Dukes and Comcast, and Underscores Tyson Foods
Over the past decade or so, higher court rulings regarding class actions have tended to dramatically favor either corporations or workers. Corporations have arguably scored the most significant victories. However, with the recent exit of Justice Antonin Scalia from the United States Supreme Court, there are some indications that this tide has begun to turn. At the same time, it is clear that a Republican victory in November 2016 would return a conservative majority to the Court, and devastate any positive momentum in terms of workers’ rights.
Vaquero v. Ashley Furniture Industries, Inc., No. 13-56606 (June 8, 2016), a recent decision of the Ninth Circuit, is a good example of the type of decision that we can hope to see more of in the future. Vaquero does three important things. First, it properly limits the scope of Wal-Mart v. Dukes, 564 U.S. 338 (2011) with respect to the issue of commonality. Second, it limits the impact of Comcast v. Behrend, 133 S. Ct. 1426 (2013) in wage and hour class actions. Finally, it underscores the critical holding in Tyson Foods v. Bouaphakeo, 136 S. Ct. 1036 (2016) that plaintiffs may continue to rely upon representative evidence to prove both liability and damages. As such, Vaquero provides powerful ammunition for workers and their advocates in class actions. Continue reading “Commonality, Damages, and Representative Evidence: The Ninth Circuit Properly Cabins Dukes and Comcast, and Underscores Tyson Foods”
Read more...