Orange County Employment Law Blog
Court, Not Arbitrator, Must Decide Whether Class and/or Representative Arbitration is Available
In Garden Fresh Restaurant Corp. v. Superior Court, ___ Cal.App.4th ___ (November 17, 2014), the California Court of Appeal (Fourth Appellate District, Division One) affirmed the order of the San Diego County Superior Court (Judge Wohlfeil) granting defendant’s...
Health Care Worker’s Class Action for Unpaid Minimum Wages Due to “Rounding” Dismissed Where Plaintiff Signed Arbitration Agreement
In Willis v. Prime Healthcare Services, ___ Cal.App.4th ___ (November 14, 2014), the California Court of Appeal (Second Appellate District, Division Five) reversed the order of the Los Angeles County Superior Court (Judge Wiley) denying defendant’s motion to compel...
Identical “Form” Declarations in Support of Motion for Class Certification Rejected
In Walgreen Co. Overtime Cases, ___ Cal.App.4th ___ (November 13, 2014), the California Court of Appeal (Second Appellate District, Division One) affirmed the order of the Los Angeles County Superior Court (Judge West) denying class certification to employees who...
FLSA Complaint for Unpaid Overtime Wages Must Identify at Least One Workweek in Which Plaintiff Worked More than Forty Hours Without Adequate Compensation
In Landers v. Quality Communications, Inc., ___ F.3d ___ (9th Cir. November 12, 2014), the Ninth Circuit Court of Appeals affirmed the order of the U.S. District Court for the District of Nevada (Judge Mahan), dismissing plaintiff’s putative class action for failure...
Restaurant Managers Allowed to Proceed With Class Action for Unpaid Overtime Wages
In Martinez v. Joe's Crab Shack Holdings, et al., ___ Cal.App.4th ___ (November 10, 2014), the California Court of Appeal (Second Appellate District, Division Seven) reversed the order of the Los Angeles County Superior Court (Judge Palmer) denying class...
California Truck Drivers’ Claims of Meal and Rest Period Violations are not Preempted by Federal Aviation Administration Authorization Act
In Godfrey v. Oakland Port Services, ___ Cal.App.4th ___ (October 28, 2014), the California Court of Appeal (First Appellate District, Division Two) affirmed the order of the Alameda County Superior Court (Judge Freedman) certifying a class of drivers who claimed,...
California Wage Orders’ Definition of “Employee” Applies When Independent Contractors Claim Unpaid Wages
In Dynamex v. Superior Court, ___ Cal.App.4th ___ (October 15, 2014), the California Court of Appeal (Second Appellate District, Division Seven) affirmed the order of the Los Angeles County Superior Court (Judge Stern) denying defendant’s motion to decertify a class...
Court, not Arbitrator, Gets to Decide Whether Arbitration Agreement Allows Class Arbitration
In Network Capital Funding Corp. v. Papke, ___ Cal.App.4th ___ (October 9, 2014), the California Court of Appeal (Fourth Appellate District, Division Three) affirmed the order of the Orange County Superior Court (Judge Glass) enjoining an employee from seeking...
Bullying Now a Mandatory Training Topic for Supervisors in California
With all of the media attention focused on California’s new paid sick leave law, other California bills affecting employers and employees in California that were signed by Gerry Brown seem to have quietly slipped under the radar. Two of these are Assembly Bill 2053,...
Holding Corporation May be Employer Liable to Employees of its Subsidiaries’ Companies
In Castaneda v. Ensign Group, Inc., ___ Cal.App.4th ___ (September 15, 2014), the California Court of Appeal (Second Appellate District, Division Six) reversed the order of the San Luis Obispo County Superior Court (Judge Harman) granting summary judgment in favor of...