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Pot Shop Employees High-Five Union for Back Pay

Pot Shop Employees High-Five Union for Back Pay January 14, 2021. By Jane Mundy.
Oakland, CA It doesn’t matter how many times a California business changes its name or sells to another company—a union contract stays put. Case in point: the United Food and Commercial Workers, (UFCW) pressured two pot shops on behalf of their weed workers, despite the dispensaries changing hands a few times, and they came to a $75,000 settlement over back pay, specifically union raises.
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Olson v. Becerra Challenges AB 5 Constitutionality Again

Olson v. Becerra Challenges AB 5 Constitutionality Again January 13, 2021. By Anne Wallace.
Los Angeles, CA On November 9, two individual and two company plaintiffs, including Uber and Postmates, filed a California labor lawsuit against the State of California. Olson v. Becerra challenges the constitutionality of AB 5 and related laws. In December, California filed a motion to dismiss, claiming that the Second Amended Complaint does little to remedy the flaws that led to the lawsuit’s dismissal without prejudice in September. This time California seeks to bar the lawsuit permanently.
Read [ Olson v. Becerra Challenges AB 5 Constitutionality Again ]

Some California Drivers May Lose Their Right to Pursue Wage Lawsuits against Uber

Some California Drivers May Lose Their Right to Pursue Wage Lawsuits against Uber January 10, 2021. By Anne Wallace.
San Francisco, CA  On December 22, the U.S. District Court for the Northern District of California heard arguments in James v. Uber Technologies Inc., a class action California labor lawsuit. Judge Edward Chen appeared to focus particularly on whether the facts of the case would support the inclusion of drivers who also have other jobs in the class seeking certification.
Read [ Some California Drivers May Lose Their Right to Pursue Wage Lawsuits against Uber ]

California Nursing Home Overtime Settlement

California Nursing Home Overtime Settlement January 5, 2021. By Jane Mundy.
Los Angeles, CA A California labor lawsuit claiming wage and labor violations has finally been agreed upon for $3 million. The Private Attorneys General Act (PAGA), originally filed in 2015, sought to represent over 250 former and current nursing home workers employed by Five Star Quality Care Inc.
Read [ California Nursing Home Overtime Settlement ]

Oracle in the Hot Seat over Gender Pay Discrimination (Again)

Oracle in the Hot Seat over Gender Pay Discrimination (Again) January 4, 2021. By Anne Wallace.
San Mateo, CA  On December 18, the California Superior Court refused to dismiss a Complaint alleging that Oracle America, Inc. systematically paid women less than men for comparable work. The California labor lawsuit, describes a pattern all-too-familiar from other gender discrimination lawsuits against Silicon Valley tech giants, including Google, Uber and HP as well as Oracle.
Read [ Oracle in the Hot Seat over Gender Pay Discrimination (Again) ]

Nurse Recruiters Fight for Meal Break Pay

Nurse Recruiters Fight for Meal Break Pay December 28, 2020. By Anne Wallace.
San Francisco, CA On December 1, the California Supreme Court heard arguments by nurse recruiters seeking to revive a California labor lawsuit against AMN Services LLC. The lawsuit, originally filed in 2014, arose from the way the company’s time-rounding software had tracked employees’ required meal breaks.
Read [ Nurse Recruiters Fight for Meal Break Pay ]

Can California Cashiers Sit on the Job?

Can California Cashiers Sit on the Job? December 17, 2020. By Jane Mundy.
Sacramento, CA The latest ruling over Ralphs Grocery Store seating for cashiers – initially filed in 2016— has reversed a trial court’s decision to link two California labor lawsuits that accuse parent company The Kroger Co. of not providing its employees with seating. On November 20, the California state appeals court found that cases implicating different job titles, time periods and claims could be litigated separately.
Read [ Can California Cashiers Sit on the Job? ]

Rothenberg Ventures Management Employees Sue for Back Wages

Rothenberg Ventures Management Employees Sue for Back Wages December 11, 2020. By Anne Wallace.
San Francisco, CA In 2016, Katie Fanelli filed a lawsuit in the Superior Court of California for the County of San Francisco alleging that her employer, Rothenberg Ventures Management Co., violated California state labor law by failing to pay workers overtime and stiffing them of their final paychecks when the company laid them off. As of November, the court seemed inclined to permit the lawsuit to proceed as a class action, covering all former employees between 2012 and 2016 who had claims of less than $75,000. It is, realistically, the only way that individuals with relatively small wage claims can seek relief under California employee labor law.
Read [ Rothenberg Ventures Management Employees Sue for Back Wages ]

Ride-Hailing Companies exempt from classifying drivers as employees, but not exempt from California labor lawsuits

Ride-Hailing Companies exempt from classifying drivers as employees, but not exempt from California labor lawsuits December 9, 2020. By Jane Mundy.
San Francisco, CA Despite winning Proposition 22, which means that Uber, Lyft and other ride-hailing companies are exempted from AB5 and drivers are reclassified as independent contractors, the companies are not immune to California labor lawsuits.

Read [ Ride-Hailing Companies exempt from classifying drivers as employees, but not exempt from California labor lawsuits ]

Walmart Howls at California Labor Law Fines

Walmart Howls at California Labor Law Fines December 3, 2020. By Anne Wallace.
San Jose, CA  “This case is about Walmart’s practice of routinely violating the California Labor Code.” The first sentence of plaintiff’s’ brief to the Ninth Circuit in Magadia v. Wal-Mart Associates, Inc. neatly sums up the workers’ argument. Walmart, on the other hand, argues that this is all very unfair, the alleged violations of law (if they happened) were inadvertent -- mere technicalities anyway, and certainly did not merit a $102 million judgment. 
Read [ Walmart Howls at California Labor Law Fines ]

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