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SkyWest Flight Attendants File Rest and Meal Break California Lawsuit

SkyWest Flight Attendants File Rest and Meal Break California Lawsuit August 2, 2021. By Jane Mundy.
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.
Read [ SkyWest Flight Attendants File Rest and Meal Break California Lawsuit ]

ABM Industries to Settle Janitors’ Wage Lawsuits for $140 Million

ABM Industries to Settle Janitors’ Wage Lawsuits for $140 Million July 30, 2021. By Anne Wallace.
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.

Read [ ABM Industries to Settle Janitors’ Wage Lawsuits for $140 Million ]

Uber’s Ratings System Racist?

Uber’s Ratings System Racist? July 22, 2021. By Jane Mundy.
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.”
Read [ Uber’s Ratings System Racist? ]

Magistrate Recommends Certification of Some Classes in Amazon Wage Lawsuit

Magistrate Recommends Certification of Some Classes in Amazon Wage Lawsuit July 15, 2021. By Anne Wallace.
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. 

Read [ Magistrate Recommends Certification of Some Classes in Amazon Wage Lawsuit ]

City National Bank Sued for Whistleblower Retaliation in California Court

City National Bank Sued for Whistleblower Retaliation in California Court July 13, 2021. By Jane Mundy.
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
Read [ City National Bank Sued for Whistleblower Retaliation in California Court ]

Entry-Level Manager Sues Amazon for Misclassification

Entry-Level Manager Sues Amazon for Misclassification July 6, 2021. By Anne Wallace.
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.
Read [ Entry-Level Manager Sues Amazon for Misclassification ]

Ninth Circuit Reverses $102 Million Wage Penalty against Walmart

Ninth Circuit Reverses $102 Million Wage Penalty against Walmart June 24, 2021. By Anne Wallace.
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.

Read [ Ninth Circuit Reverses $102 Million Wage Penalty against Walmart ]

Nike to Settle Bag Check Lawsuit for $8.25 Million

Nike to Settle Bag Check Lawsuit for $8.25 Million June 16, 2021. By Anne Wallace.
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.
Read [ Nike to Settle Bag Check Lawsuit for $8.25 Million ]

California Supreme Court to Rule on Rest and Meal Premium Payments

California Supreme Court to Rule on Rest and Meal Premium Payments June 8, 2021. By Anne Wallace.
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?
Read [ California Supreme Court to Rule on Rest and Meal Premium Payments ]

In-N-Out Burger Accused of California Labor Violations

In-N-Out Burger Accused of California Labor Violations June 7, 2021. By Jane Mundy.
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.
Read [ In-N-Out Burger Accused of California Labor Violations ]

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