Orange County Employment Law Blog
California Governor Signs New Bills Expanding Rights of Undocumented Workers and Employees who are Exposed to High Risk of Heat-Related Injury
On June 28, 2014, Governor Gerry Brown signed several bills that expand employee rights in California. Among these are Assembly Bill 2751, authored by Assemblymember Roger Hernández (D – West Covina), and Senate Bill 1360, authored by Senator Alex Padilla (D-Pacoima)....
Class Certification of Newspaper Carriers’ Claims That They Were Employees Rather Than Independent Contractors Depends on Common Showing of Defendant’s Right to Control Their Work
In Ayala v. Antelope Valley Newspapers, ___ Cal.4th ___ (June 30, 2014), the California Supreme Court reversed the order of the Los Angeles County Superior Court (Judge West), denying class certification to plaintiff employees, and upheld its subsequent reversal by...
Apartment Manager May be Compensated in Free or Discounted Rent in California
In Von Nothdurft v. Steck, ___ Cal.App.4th ___ (June 26, 2014), the California Court of Appeal (Fifth Appellate District) affirmed the judgment of the Fresno County Superior Court (Judge Cabrera) in favor of defendant after a bench trial de novo on plaintiff’s wage...
Undocumented Employee’s Ineligibility to Work in United States Does Not Bar Claims Under the California Fair Employment and Housing Act
In Salas v. Sierra Chemical Co., ___ Cal.4th ___ (June 26, 2014), the California Supreme Court reversed the order of the San Joaquin County Superior Court (Judge Humphreys) and subsequent affirmation of the appellate court granting defendant’s motion for summary...
Employee Who Fails to Opt Out of Arbitration Agreement Containing Class Action Waiver Cannot Claim Compelled Arbitration Violates Federal Labor Law
In Johnmohammadi v. Bloomingdale’s, ___ F.3d ___ (9th Cir. June 23, 2014), the Ninth Circuit Court of Appeals affirmed the order of the U.S. District Court for the Central District of California (Judge Wu) compelling arbitration of, and dismissing without prejudice, a...
California Employer May Unilaterally Add Class Action Waiver to Arbitration Agreement With 30 Days’ Notice
In Davis v. Nordstrom, Inc., ___ F.3d ___ (9th Cir. June 23, 2014), the Ninth Circuit Court of Appeals reversed the order of the U.S. District Court for the Northern District of California (Judge Wilken) denying defendant employer’s motion to compel arbitration of...
California Employers Cannot Force Employees to Waive Their Rights to Bring Representative Actions Under PAGA Despite Validity of Class Action Waivers
In Iskanian v. CLS Transportation, ___ Cal.4th ___ (June 23, 2014), the California Supreme Court reversed the ruling of the Los Angeles County Superior Court (Judge Hess), and subsequent affirmation by the California Court of Appeal that an employee’s representative...
Arbitration Agreement Containing Delegation Clause is Enforceable
In Malone v. Super. Ct., ___ Cal.App.4th ___ (June 17, 2014), the California Court of Appeal (Second Appellate District, Division Three) upheld the order of the Los Angeles County Superior Court (Judge Highberger) granting defendant’s motion to compel arbitration of...
Furniture Delivery Drivers Misclassified as Independent Contractors Entitled to Unpaid Wages
In Ruiz v. Affinity Logistics, ___ F.3d ___ (9th Cir. June 16, 2014), the Ninth Circuit Court of Appeals reversed the ruling of the U.S. District Court for the Southern District of California (Judge Sammartino) that plaintiffs were independent contractors rather than...
Defendant May Waive Right to Challenge Court’s Jurisdiction Over Plaintiff’s Sexual Harassment Case Based on Failure to Exhaust Administrative Remedies
In Kim v. Konad USA Distribution, ___ Cal.App.4th ___ (June 12, 2014), the California Court of Appeal (Fourth Appellate District, Division Three) affirmed the judgment of the Orange County Superior Court (Judge Munoz) in favor of plaintiff on her employment-related...