Walmart, Inc. has agreed to pay $65 million to end a class action suit with cashiers who claimed that the company violated a California wage order requiring businesses to give certain workers seating and breaks for jobs that require standing. While ...
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Employment Litigation
Supreme Court Ruling a Win for Employers
In a pivotal decision for employers, the U.S. Supreme Court ruled in the matter of Epic Systems Corp v. Lewis that class action waivers in employment-based arbitration agreements are lawful and enforceable. Previously, the validity of such waivers ...
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The Goings and Comings of Employees: Who Is Liable When Your Employee is Involved in a Traffic Accident?
Imagine this: a construction employee ultimately on his way to a job site is expected by the employer to first come to the company yard and proceed from there, driving a company truck to transport coworkers and materials to the job site. He is paid ...
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California Supreme Court Clarifies the Rule Requiring Employers to Provide One Day of Rest During Each Work Week
The California Supreme Court provided critical guidance this week on how to apply California’s requirement that workers receive one day of rest during each work week. In Mendoza v. Nordstrom, the Court held that the Labor Code requires one day’s rest ...
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Personnel Policies: Retaliation Claims, Ubiquitous but Preventable
Retaliation claims by employees against their employers are easy claims to make and difficult to defend. They are now, in fact, the most common employment claim asserted against employers, ahead of discrimination and harassment claims. Why, and what ...
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Employment Policies Worth Considering in 2017: Arbitration Agreements with Class Action Waivers and Mandatory Exit Interviews
A look at court filings in 2017 shows that there has been no decline in the pace of class action and representative filings. To the contrary, in light of recent judicial opinions on rest period policies, increased paystub obligations, and confusion ...
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Devastating Wage Hour Lawsuits and Class Actions: Five Tips to Avoid Them
Healthcare and other aging services employers in California have been hit with a barrage of employee wage hour lawsuits in the last few years. Many good companies (large and small), caught off guard by technical labor law violations, have paid out ...
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Uber’s Arbitration Woes – Lessons for California Employers
Uber has transformed the transportation industry - offering reliable and economic trips with the tap of a smart phone. In part, its success is due to its arms-length relationship with drivers, who remain self-employed while securing customers from ...
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