LAWSUITS NEWS & LEGAL INFORMATION
California Labor Law Legal News Articles & Interviews
August 7, 2020. By Anne Wallace.
Read [ Can California Employers Make Overtime Mandatory? ]
Sacramento, CA CASE, the union that represents California attorneys, administrative law judges and many other state employees, has objected to an ill-conceived coronavirus outreach effort that forced hundreds of Department of Industrial Relations employees to work over the Fourth of July weekend. Unlike many California Labor Code lawsuits, this dispute is not about failure to pay for overtime. Instead, it is about requiring overtime hours that yielded very little public benefit, over a long holiday weekend with only a few hours’ notice. Since it looks like California workers will be living with periodic Covid-19 emergencies for the foreseeable future, now is as good a time as any to review basic overtime rules under the California Labor Code.
August 4, 2020. By Jane Mundy.
Read [ DoorDash Opens Litigation Door for Misclassification ]
San Frrancisco, CA DoorDash has been slammed with another California labor lawsuit filed by San Francisco District Attorney Chesa Boudin, claiming the food delivery service has misclassified its workers as independent contractors rather than employees. “Dashers” are entitled to workers compensation and other benefits allowed full-time workers.
July 23, 2020. By Jane Mundy.
Read [ The Gig is Up for California Car Wash ]
Sacramento, CA MobileWash Inc. is the first gig company hit with a misclassification lawsuit under Assembly Bill 5 – a law making it illegal for companies to hire independent contractors and has violated the California labor code. The California Labor Commissioner’s Office targeted Mobile Wash because it allegedly “made a calculated business decision to misclassify” car washers who perform services arranged through the company’s app as independent contractors, rather than employees.
July 20, 2020. By Anne Wallace.
Read [ PAGA Claims Survive Dismissal of California Labor Code Violations ]
San Francisco, CA On June 26, the California Court of Appeals held that an employee could continue his state Private Attorneys General Act (PAGA) claim even after settling his California Labor Code lawsuit. Linehan-Clodfelter v. Vivint, Inc. closely follows the reasoning of the recent California Supreme Court decision in Kim v. Reins Internat. California, Inc. Kim was widely seen as strengthening employee efforts to curb employer wage and hour abuse through PAGA, especially for workers who, daunted by the risks of arbitrating wage claims, have taken a settlement offer instead. Linehan-Clodfelter affirms the availability of that important legal tool.
July 13, 2020. By Anne Wallace.
Read [ California Supreme Court Clarifies Reach of California Labor Code ]
San Francisco, CA On June 29, the California Supreme Court handed down a pair of opinions that clarify the application of the California labor code to employees who work both within and outside of the state. Ward v. United Airlines, Inc. stands broadly for the proposition that the California labor code applies to employees if the employee works a majority of the time in California or has his or her base of operations in California. Oman v. Delta Airlines, Inc. states the rule in the negative. The California labor code does not apply to workers who work only episodically and for less than a day at a time in California unless the employee works primarily in California during the pay period, or for those who do not work primarily in any state, if the worker has a base of operations in California.
July 5, 2020. By Jane Mundy.
Read [ Uber Slammed -- From California to Canada ]
Santa Clara, CA Uber and Lyft are getting slammed, from California to Canada. In May, California sued the ride-hailing companies claiming they misclassified their drivers as independent contractors under the state’s new labor law, Bill AB5. North of the border, the Canadian Supreme Court has allowed Uber drivers to forge ahead with a class action lawsuit that will classify them as employers rather than independent contractors.
July 3, 2020. By Jane Mundy.
Read [ Rite-Aid not doing it Right ]
Santa Clara, CA A California federal judge says Rite Aid violated California labor law by not reimbursing its employees for their uniforms. And one month previously, in May, Rite-Aid was hit with another lawsuit. Along with Thrifty PayLess Inc., about 10,000 employees may be owed wages for time spent undergoing off-the-clock security checks.
July 1, 2020. By Anne Wallace.
Read [ Aldi, Inc. Settles California Overtime Lawsuit ]
Los Angeles, CA Jeree Gant filed a class action lawsuit against Aldi, Inc., claiming that the grocery chain failed to pay her for all the hours she worked between October 2017 and May 2018. The other allegations under the California labor code concerning meal breaks, rest breaks and wage statements follow from that central claim. Aldi has now offered to settle the claims of what might ultimately have been thousands of California plaintiffs for $2 million.
June 25, 2020. By Anne Wallace.
Read [ Biden Backs Assembly Bill 5; Opposes Measure to Exempt App-Based Drivers ]
Sacramento, CA Presumptive Democratic presidential nominee, Joe Biden, has announced that he opposes a November 3 ballot initiative that would permit companies like Uber and DoorDash to continue to classify drivers as independent contractors. If approved, the measure would override AB 5 with respect to app-based drivers. These drivers could, as a result, be classified as independent contractors not protected by the wage and hour provisions of the California Labor Code.
June 19, 2020. By Anne Wallace.
Read [ California AG Pressures Walmart to Protect Vulnerable Employees ]
Sacramento, CA California Attorney General Xavier Becerra joined a coalition of 12 attorneys general in a letter that calls on Walmart to improve its efforts to protect workers and the public during COVID-19. Lawyers have anticipated a surge in California labor lawsuits arising from employer failures to adequately protect essential workers.
- Ninth Circuit: Workers Must be Paid for Call-in Shifts By Anne Wallace (Jun-15-20)
- Safeway and McDonalds Coronavirus Safety Lawsuit By Jane Mundy (Jun-11-20)
- Truckers Fight Against Bill AB5, No Backup from Teamsters or State of California By Jane Mundy (May-31-20)
- California McDonald’s Workers Cite COVID-19 Safety Issues By Anne Wallace (May-25-20)
- The Gig Economy v. Assembly Bill 5 By Jane Mundy (May-19-20)
- California Sues Uber and Lyft By Anne Wallace (May-15-20)
- Some California Food Workers Choose between COVID-19 exposure or lost wages—will worker safety lawsuits follow? By Jane Mundy (May-12-20)
- California Suspends Worker Layoff Notifications. Did Velodyne Take Advantage? By Anne Wallace (May-4-20)
- Can California Employers Pay Workers with Reloadable Debit Cards? By Anne Wallace (Apr-27-20)
- California Labor Bill AB5 Adding Fuel to Fire with COVID-19 Crisis? By Jane Mundy (Apr-24-20)
- Uber Drivers May Have to Choose between COVID-19 Pay and Employee Status By Anne Wallace (Apr-13-20)
- California Labor Law Issues During Coronavirus Crisis By Jane Mundy (Apr-8-20)
- Papa John’s to Settle California Wage Theft Lawsuit for $3.4 Million By Anne Wallace (Apr-3-20)
- Overlooked, Underpaid California Workers Face Dire Coronavirus Risk By Anne Wallace (Mar-26-20)
- California Labor Law and COVID-19: Top questions asked by California Workers By Jane Mundy (Mar-17-20)
- PricewaterhouseCoopers to Settle Age Discrimination Lawsuit for $11.6 Million By Anne Wallace (Mar-12-20)
- $2 Million Blue Apron Settlement Tells Two Stories By Anne Wallace (Mar-9-20)
- UPS Facing Multiple Employee Lawsuits, Employees Feeling Pressured By Jane Mundy (Mar-7-20)
- Judge to Uber on AB5: That Means You, Too, and Now By Anne Wallace (Feb-14-20)
- Discrimination Pervasive Despite California Labor Law By Jane Mundy (Feb-13-20)
- Strippers Settle California Labor Lawsuit for $3.65 Million By Anne Wallace (Feb-10-20)
- Follow-up with California Labor Commissioner’s Office after Wage Theft Fines By Jane Mundy (Feb-5-20)
- Uber Steering around AB40 By Jane Mundy (Feb-4-20)
- Court Permanently Halts California Ban on Mandatory Arbitration By Anne Wallace (Feb-3-20)
- Ninth Circuit Affirms $54.6 Wage Award for Walmart Truckers By Anne Wallace (Jan-21-20)
- California Employment Laws include Wage & Hour and Misclassification Updates By Jane Mundy (Jan-13-20)
- Disneyland Workers file a lawsuit alleging they aren’t paid Minimum Wage By Jane Mundy (Jan-7-20)
- California Uber Drivers Survive Motion to Dismiss, Lose Preliminary Injunction By Anne Wallace (Jan-2-20)
- Former Juul employee files California Sexual Harassment and Retaliation Lawsuit By Jane Mundy (Dec-19-19)
- Uber Likely to Dodge “Existential Threat” Posed by Driver Misclassification Lawsuit – Again By Anne Wallace (Dec-17-19)
- California Workers File Class Action Lawsuit against Cannabis Companies By Anne Wallace (Dec-10-19)
- McDonald’s $26 million California Labor Class Action Settlement By Jane Mundy (Dec-5-19)
- Unconscionable Arbitration Agreements; Less than Candid Lawyers By Anne Wallace (Nov-26-19)
- Disney’s Overtime Deal By Jane Mundy (Nov-25-19)
- California Assembly Bill 5 in for a Bumpy Ride with Truckers By Jane Mundy (Nov-20-19)
- Players Challenge NCAA Pay Caps By Anne Wallace (Nov-13-19)
- T-Mobile Retail Workers Reach Wage Deal under California Labor Law By Jane Mundy (Nov-8-19)
- Delta Settles Overtime Lawsuit for $3.5 Million By Anne Wallace (Nov-6-19)
- Consumers Bring DoorDash Lawsuit over Stolen Tips By Anne Wallace (Nov-4-19)
- Halliburton Settles California Labor Lawsuit By Jane Mundy (Oct-24-19)