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Ninth Circuit Affirms $54.6 Wage Award for Walmart Truckers

Ninth Circuit Affirms $54.6 Wage Award for Walmart Truckers January 21, 2020. By Anne Wallace.
San Francisco, CA On January 6, the Ninth Circuit affirmed a $54.6 million jury award for Wal-mart's truck drivers under the provisions of California labor law. Wal-mart had challenged the 2016 District Court decision in Ridgeway v. Walmart, Inc. on a variety of grounds, including lack of jurisdiction, the certification of a class of similarly situated plaintiffs and the applicability of the Federal Aviation Administration Authorization Act of 1994.
Read [ Ninth Circuit Affirms $54.6 Wage Award for Walmart Truckers ]

California Employment Laws include Wage & Hour and Misclassification Updates

California Employment Laws include Wage & Hour and Misclassification Updates January 13, 2020. By Jane Mundy.
Sacramento, CA Many new California employment and labor laws went into effect this January 1, 2020. If you are a California  employer, employee or independent contractor, it’s a good idea to review these new laws that have been passed as they might impact you.  
Read [ California Employment Laws include Wage & Hour and Misclassification Updates ]

Disneyland Workers file a lawsuit alleging they aren’t paid Minimum Wage

Disneyland Workers file a lawsuit alleging they aren’t paid Minimum Wage January 7, 2020. By Jane Mundy.
Anaheim, CA All Disney employees are entitled to minimum wage, from bellhop to barista, Mickie and Minnie. But five current and former workers claim that the entertainment behemoth has violated the California labor law by failing to pay its workers minimum wage, failing to pay overtime and all wages owed at termination.
Read [ Disneyland Workers file a lawsuit alleging they aren’t paid Minimum Wage ]

California Uber Drivers Survive Motion to Dismiss, Lose Preliminary Injunction

California Uber Drivers Survive Motion to Dismiss, Lose Preliminary Injunction January 2, 2020. By Anne Wallace.
San Francisco, CA On December 16, Judge Edward Chen of the Northern District of California denied Uber’s Motion to Dismiss a class action California labor lawsuit that claims Uber drivers were misclassified as independent contractors under standards set out in Dynamex Operations West, Inc. v. Superior Court. However, in Colopy v. Uber Techs Inc., Judge Chen also denied the drivers’ Motion for a Preliminary Injunction. The injunction would have required the ride-hailing giant to begin to treat drivers as employees immediately.
Read [ California Uber Drivers Survive Motion to Dismiss, Lose Preliminary Injunction ]

Former Juul employee files California Sexual Harassment and Retaliation Lawsuit

Former  Juul employee files California Sexual Harassment and Retaliation Lawsuit December 19, 2019. By Jane Mundy.
San Francisco, CA A former Juul employee filed a sexual harassment lawsuit early December in San Francisco Superior Court, claiming she was the victim of unwanted sexual advances. Her California labor lawsuit also claims wrongful termination after reporting the harassment incidents to the vaping company managers.
Read [ Former Juul employee files California Sexual Harassment and Retaliation Lawsuit ]

Uber Likely to Dodge “Existential Threat” Posed by Driver Misclassification Lawsuit – Again

Uber Likely to Dodge “Existential Threat” Posed by Driver Misclassification Lawsuit – Again December 17, 2019. By Anne Wallace.
San Francisco, CA “How can you approve the settlement when the underlying contract is illegal?” Uber driver, S. Patrick Mendel’s question to the Northern District of California last spring rings with frustration. Judge Chen acknowledged as much: “This case did not resolve the ultimate question” for drivers who claim they were misclassified as independent contractors under provisions of California labor law. The result is unlikely to change following Mendel’s renewed, and probably last, round of objections to the Ninth Circuit in November.
Read [ Uber Likely to Dodge “Existential Threat” Posed by Driver Misclassification Lawsuit – Again ]

California Workers File Class Action Lawsuit against Cannabis Companies

California Workers File Class Action Lawsuit against Cannabis Companies December 10, 2019. By Anne Wallace.
San Francisco, CA On November 21, Casey Denning and Natalia Cole filed a lawsuit on behalf of themselves and similarly situated cannabis workers alleging that harvesting company Loud Buddha LLC and Pura Cali Management Corp, a cultivation contractor hired by Loud Buddha, violated provisions of the Fair Labor Standards Act and the California labor code. The Complaint claims that the employers forced them to work long hours in oppressive conditions without providing overtime pay, meal breaks, or accurate wage statements.
Read [ California Workers File Class Action Lawsuit against Cannabis Companies ]

McDonald’s $26 million California Labor Class Action Settlement

McDonald’s $26 million California Labor Class Action Settlement December 5, 2019. By Jane Mundy.
Santa Clara, CA A California labor lawsuit accusing McDonald’s of underpaying thousands of workers has settled for $26 million. The wage theft class action claims that the fast-food giant used a timekeeping system that cheated workers out of overtime, barred workers from taking rest breaks during their shifts and forced workers to clean and iron their uniforms out of pocket.
Read [ McDonald’s $26 million California Labor Class Action Settlement ]

Unconscionable Arbitration Agreements; Less than Candid Lawyers

Unconscionable Arbitration Agreements; Less than Candid Lawyers November 26, 2019. By Anne Wallace.
San Francisco, CA On October 30 a California state appellate court denied an effort  by TWC Dealer Group to compel former employees to arbitrate violations of California labor law including race and age discrimination, wage violations and wrongful termination. The takeaway for workers forced to arbitrate is a lesson in what constitutes an unconscionable contract.
Read [ Unconscionable Arbitration Agreements; Less than Candid Lawyers ]

Disney’s Overtime Deal

Disney’s Overtime Deal November 25, 2019. By Jane Mundy.
Santa Clara, CA Disneyland workers on November 4 got the green light to settle their California overtime class action lawsuit, but a federal judge needs “further convincing” before approving one-third of the $2 million settlement for attorney fees.
Read [ Disney’s Overtime Deal ]

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