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California Farmworkers Compensated for Unpaid Rest Breaks

California Farmworkers Compensated for Unpaid Rest Breaks October 8, 2020. By Jane Mundy.
San Joaquin, CA A group of farmworkers have finally been compensated after a California appeals court rejected their unpaid rest breaks--twice. The farm laborers first filed their California labor lawsuit in 2009 against their employer; the case went to court in 2014 and plaintiffs appealed in 2016.
Read [ California Farmworkers Compensated for Unpaid Rest Breaks ]

It’s “Your Money or Your Life” for Senior Workers

It’s “Your Money or Your Life” for Senior Workers October 2, 2020. By Anne Wallace.
Sacramento, CA  A nationwide flood of Covid-19-driven age discrimination lawsuits suggests that similar surge in California labor lawsuits is imminent. A New York case may be a harbinger of things to come. In Kanyuk v. Shearman & Sterling, LLP, a 62-year-old employee was the first to be fired in a wave of Covid-19-related layoffs. The employer claimed that the layoff was necessary for economic reasons. The worker cried age discrimination.
Read [ It’s “Your Money or Your Life” for Senior Workers ]

California Refinery Workers Clinch $4.4 Settlement in Rest Break Lawsuit

California Refinery Workers Clinch $4.4 Settlement in Rest Break Lawsuit September 24, 2020. By Anne Wallace.
Los Angeles, CA On August 24, the District Court for the Central District of California gave final approval to a settlement under which ExxonMobil, PBF Energy Limited and Torrance Refining Company, LLC will pay a total of nearly $4.4 million to settle a class action lawsuit in which refinery workers claim that they were denied the paid rest breaks required under California labor law.
Read [ California Refinery Workers Clinch $4.4 Settlement in Rest Break Lawsuit ]

Farmers Insurance Overtime Pay Settlement – Over and Over Again

Farmers Insurance Overtime Pay Settlement – Over and Over Again September 23, 2020. By Jane Mundy.
Los Angeles, CA Farmers Insurance has agreed to settle a California wage and hour lawsuit brought by Famers special investigators alleging failure to pay overtime, including meal breaks and rest periods. The settlement includes anyone who worked in California for Farmers as a special investigator between 2013 and 2018. And this is not the first time Famers has settled an overtime claim.
Read [ Farmers Insurance Overtime Pay Settlement – Over and Over Again ]

Are Employers’ Facebook Recruiting Practices Exempt from Age Discrimination Laws?

Are Employers’ Facebook Recruiting Practices Exempt from Age Discrimination Laws? September 16, 2020. By Anne Wallace.
San Francisco, CA Bradley et al v. T-Mobile US Inc. et al., a long-running lawsuit first filed in 2017, alleges that T-Mobile’s Facebook recruitment practices violated the Age Discrimination in Employment Act (ADEA). The nationwide, class action lawsuit also alleges violations of the California labor code and other state laws.
Read [ Are Employers’ Facebook Recruiting Practices Exempt from Age Discrimination Laws? ]

Two Circuit Courts to Decide whether Drivers-for-Hire Can Get their Day in Court

Two Circuit Courts to Decide whether Drivers-for-Hire Can Get their Day in Court September 13, 2020. By Anne Wallace.
San Francisco, CA  Two federal appeals courts have or will consider whether Lyft and GrubHub drivers are engaged in interstate commerce , and so exempt from the requirements of the Federal Arbitration Act (FAA). The California labor lawsuit. Rogers v. Lyft, Inc., began as a dispute about the drivers’ lack of paid sick leave. The drivers’ appeal from a decision of the Northern District of California will be heard by the Ninth Circuit. On August 19 the Ninth Circuit held that Amazon last-mile delivery drivers were engaged in interstate commerce even when they never crossed state lines.
Read [ Two Circuit Courts to Decide whether Drivers-for-Hire Can Get their Day in Court ]

Retaliation Lawsuit Against Elon Musk’s Rocket Company Following Sexual harassment Complaints

Retaliation Lawsuit Against Elon Musk’s Rocket Company Following Sexual harassment Complaints September 6, 2020. By Jane Mundy.
Los Angeles, CA Over the course of three summers, former SpaceX intern Julia Crowley-Farenga claims that she was sexually harassed. In her California labor lawsuit, the (now) NASA engineer claims she was retaliated against for filing a sexual harassment complaint to human resources of Elon Musk’s rocket company.
Read [ Retaliation Lawsuit Against Elon Musk’s Rocket Company Following Sexual harassment Complaints ]

Our love-hate relationship with Uber and Lyft –Can we Compromise?

Our love-hate relationship with Uber and Lyft –Can we Compromise? August 26, 2020. By Jane Mundy.
San Jose, CA The mayor of San Jose, Sam Liccardo, is a smart guy. He understands that the public have a love-hate relationship with “gig companies” like Uber and Lyft, and he also understands that there has to be a model of “give and take” from both sides, i.e., the California labor law regulators and leading gig companies.
Read [ Our love-hate relationship with Uber and Lyft –Can we Compromise? ]

Supreme Court Blocks Teachers from Suing Church Schools for Job Discrimination

Supreme Court Blocks Teachers from Suing Church Schools for Job Discrimination August 14, 2020. By Anne Wallace.
Los Angeles, CA The bad news for lay teachers is that on July 8, in Our Lady of Guadalupe School v. Morrissey-Berru, the U.S. Supreme Court severely limited the rights of Catholic school elementary teachers to sue for employment discrimination under the federal Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). Justice Sotomayor captured the stunned reaction in her dissent: “That cannot be right.”
Read [ Supreme Court Blocks Teachers from Suing Church Schools for Job Discrimination ]

July 1 Minimum Wage Rates Affect Other California Prevailing Wage Rules

July 1 Minimum Wage Rates Affect Other California Prevailing Wage Rules August 12, 2020. By Anne Wallace.
Los Angeles, CA On July 1 the minimum wage rate increased in 13 California cities and counties, including Los Angeles and San Francisco. Most minimum wage workers in these jurisdictions should have already seen the difference. These increases also ripple through California prevailing wage laws in less obvious ways. Employers who fail to comply with the full implications of the required wage increases may not have seen wage and hour lawsuits yet, but they likely will.   
Read [ July 1 Minimum Wage Rates Affect Other California Prevailing Wage Rules ]

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