LAWSUITS NEWS & LEGAL INFORMATION
California Labor Law Legal News Articles & Interviews
August 2, 2021. By Jane Mundy.
Read [ SkyWest Flight Attendants File Rest and Meal Break California Lawsuit ]
Sacramento, CA SkyWest flight attendants are proceeding with their meal and rest break proposed class action after a California judge rejected the airline’s argument that federal regulations governing the airline industry preempt their claims.
July 30, 2021. By Anne Wallace.
Read [ ABM Industries to Settle Janitors’ Wage Lawsuits for $140 Million ]
San Francisco, CA On July 8, ABM Industries entered into a written agreement to settle the consolidated lawsuits, ABM Industries Overtime Cases (also known as the “Bucio case”), pending in the Superior Court of California, County of San Francisco. Filed in 2006, the lawsuits allege that ABM’s prior timekeeping and payment practices shortchanged as many as 50,000 janitorial employees in violation of the California Labor Code. Under the terms of the proposed settlement, ABM will pay a total sum of $140 million to resolve all claims. The settlement remains subject to court approval.
July 22, 2021. By Jane Mundy.
Read [ Uber’s Ratings System Racist? ]
San Francisco, CA A former Uber driver claims in a California labor lawsuit that he was terminated due to poor ratings from passengers and the ride-sharing app’s star-based ratings system is racist. San Francisco U.S. District Court Judge Vince Chhabria somewhat agrees, at least at the pleading stage, saying that “the inference that Uber’s practice is racially discriminatory is … strong.”
July 15, 2021. By Anne Wallace.
Read [ Magistrate Recommends Certification of Some Classes in Amazon Wage Lawsuit ]
Sacramento, CA On June 8, U.S. Magistrate Judge Barbara A. McAuliffe recommended that the Eastern District of California certify several classes of plaintiffs in Trevino v. Golden State FC LLC. In Trevino, workers at various Amazon fulfillment centers alleged that the internet retail giant had violated the California Labor Code by failing to pay wages due for regular and overtime hours worked and provide required meal and rest periods. The lawsuit sought class action certification for groups of similarly situated workers who could number in the hundreds of thousands and who worked at 50 California facilities. The Magistrate determined, however, that the claims of some workers were too individualized to merit inclusion in a class action lawsuit.
July 13, 2021. By Jane Mundy.
Read [ City National Bank Sued for Whistleblower Retaliation in California Court ]
Los Angeles, CA A former senior vice president for City National Bank, a subsidiary of Royal Bank of Canada, alleges he was fired because of whistleblower retaliation and in violation of the Sarbanes-Oxley Act, which allows California employees to sue their employers in federal court if the employer wrongfully terminates or retaliates against them for reporting potential unlawful conduct
July 6, 2021. By Anne Wallace.
Read [ Entry-Level Manager Sues Amazon for Misclassification ]
Oakland, CA Arguments in Michael Ortiz v. Amazon.com LLC opened in the Northern District of California on June 21, nearly five years after the California wage and hour lawsuit was initially filed. Much has already happened; the court has stripped out claims under the federal Fair Labor Standards Act (FLSA) and denied the plaintiffs’ request to proceed as a class action lawsuit.
June 24, 2021. By Anne Wallace.
Read [ Ninth Circuit Reverses $102 Million Wage Penalty against Walmart ]
San Francisco, CA On May 28, the Ninth Circuit reversed a decision by the Northern District of California that had required Walmart to pay $102 million in penalties for violations of the California Labor Code. The Ninth Circuit’s decision in Roderick Magadia v. Wal-Mart Associates was a blow to thousands of Walmart workers. It may also have significant repercussions for the future of California labor lawsuits under the Private Attorneys General Act (PAGA). Ultimately, the latter may be more of a problem.
June 16, 2021. By Anne Wallace.
Read [ Nike to Settle Bag Check Lawsuit for $8.25 Million ]
San Francisco, CA Sneaker giant Nike seems poised to settle a long-running California labor lawsuit for $8.25 million. Rodriguez v. Nike Retail Services Inc. has a history that reflects one of the more significant developments in California labor law since 2018.
June 8, 2021. By Anne Wallace.
Read [ California Supreme Court to Rule on Rest and Meal Premium Payments ]
Los Angeles, CA On May 18, the California Supreme Court heard arguments about what the phrase “regular rate of compensation” means for the purpose of calculating premium payments that must be paid when employers fail to offer meal and rest breaks as required by the California Labor Code. More specifically, the questions are: Does the phrase “regular rate of compensation,” as used in Industrial Wage Order No. 5-2001, mean the same thing as “regular rate of pay” under California Labor Code Section 226.7? Must the premium payments required by Wage Order No. 5 include any additional incentive compensation such as nondiscretionary bonuses, or are they limited to an hourly worker’s base wage?
June 7, 2021. By Jane Mundy.
Read [ In-N-Out Burger Accused of California Labor Violations ]
Los Angeles, CA A former employee of In-N-Out Burger accuses the fast food restaurant chain of numerous California Labor Code violations, and unfair business practices, from COVID protocol failure to retaliation for whistleblowing. Luis Becerra is seeking to represent current and former In-N-Out employees dating back to January 2020.
- Bank of America Settles California Labor Lawsuits By Jane Mundy (May-28-21)
- One Fair Wage Slams Darden Restaurants’ Wage Practices By Anne Wallace (May-24-21)
- Production Worker Sues Sporting Goods Retailer for Overtime, COVID-19 Testing By Anne Wallace (Apr-26-21)
- Walgreens Poised to Settle Pharmacy Tech Wage Lawsuit for $3.3 Million By Anne Wallace (Apr-15-21)
- 7-Eleven Franchisees Glorified Managers or Business Owners? By Jane Mundy (Apr-8-21)
- Claims of Rampant Gender Wage Discrimination at Disney By Anne Wallace (Mar-23-21)
- Ninth Circuit Upholds Flight Attendants’ Claims for Overtime, Rest and Meal Breaks By Anne Wallace (Mar-17-21)
- Employer Must Pay Attorney for Secret Settlement By Jane Mundy (Mar-7-21)
- San Diego to Pay $3.4 Million to Settle Firefighters’ Overtime Claims By Anne Wallace (Feb-26-21)
- Amazon to Pay $61.7 Million to Settle FTC Charges of Tip Theft By Anne Wallace (Feb-23-21)
- California Supreme Court Says Proposition 22 is a Done Deal By Jane Mundy (Feb-11-21)
- California “New” Hero Pay for Grocery Workers Backfires By Jane Mundy (Feb-10-21)
- California Poultry Processor Slapped with TRO By Anne Wallace (Jan-26-21)
- California Coronavirus Litigation—Amazon Evades Attorney General: A TimeLine By Jane Mundy (Jan-21-21)
- Walgreens Wages and Waste Settlements By Jane Mundy (Jan-19-21)
- Pot Shop Employees High-Five Union for Back Pay By Jane Mundy (Jan-14-21)
- Olson v. Becerra Challenges AB 5 Constitutionality Again By Anne Wallace (Jan-13-21)
- Some California Drivers May Lose Their Right to Pursue Wage Lawsuits against Uber By Anne Wallace (Jan-10-21)
- California Nursing Home Overtime Settlement By Jane Mundy (Jan-5-21)
- Oracle in the Hot Seat over Gender Pay Discrimination (Again) By Anne Wallace (Jan-4-21)
- Nurse Recruiters Fight for Meal Break Pay By Anne Wallace (Dec-28-20)
- Can California Cashiers Sit on the Job? By Jane Mundy (Dec-17-20)
- Rothenberg Ventures Management Employees Sue for Back Wages By Anne Wallace (Dec-11-20)
- Ride-Hailing Companies exempt from classifying drivers as employees, but not exempt from California labor lawsuits By Jane Mundy (Dec-9-20)
- Walmart Howls at California Labor Law Fines By Anne Wallace (Dec-3-20)
- California Court Approves Taylor Farms Wage and Hour Settlement By Anne Wallace (Nov-25-20)
- California Office Manager Need Not Arbitrate PAGA Claim By Anne Wallace (Nov-24-20)
- Is Dynamex Ruling Retroactive? By Jane Mundy (Nov-18-20)
- California Voters Weighed In: Gig Workers are Independent Contractors By Jane Mundy (Nov-12-20)
- Hewlett Packard Settles Gender Discrimination Wage Complaint By Anne Wallace (Nov-4-20)
- California Court Okays Chipotle Wage Lawsuit Deal By Anne Wallace (Oct-29-20)
- Volkswagen Salespeople Claim Lost Income due to VW’s Deceptive Practices By Jane Mundy (Oct-27-20)
- Google Worker Secrecy Agreements to face California Labor Lawsuit By Anne Wallace (Oct-19-20)
- California Farmworkers Compensated for Unpaid Rest Breaks By Jane Mundy (Oct-8-20)
- It’s “Your Money or Your Life” for Senior Workers By Anne Wallace (Oct-2-20)
- California Refinery Workers Clinch $4.4 Settlement in Rest Break Lawsuit By Anne Wallace (Sep-24-20)
- Farmers Insurance Overtime Pay Settlement – Over and Over Again By Jane Mundy (Sep-23-20)
- Are Employers’ Facebook Recruiting Practices Exempt from Age Discrimination Laws? By Anne Wallace (Sep-16-20)
- Two Circuit Courts to Decide whether Drivers-for-Hire Can Get their Day in Court By Anne Wallace (Sep-13-20)
- Amazon Last Mile Delivery Workers Get Right to Sue under California Labor Law By Anne Wallace (Sep-8-20)