Tag Archives: “California employers”

Divided Ninth Circuit Reinstates Part of California’s Anti-Arbitration Law

For many years, state and federal courts in California have opposed arbitration and have manufactured frameworks under which they become unenforceable despite the clear directives of the Federal Arbitration Act (FAA) and countless Supreme Court cases. While a string of Supreme Court cases over the past decade gave employers some respite, the Ninth Circuit has … Continue Reading

CA Supreme Court Rules That Employees Cannot Recover Unpaid Wages Through PAGA

By Joseph S. Persoff on September 12, 2019 Posted in PAGA

California’s Supreme Court has cut off an area of significant potential exposure for California employers by ruling that employees cannot recover unpaid wages on behalf of themselves and other aggrieved employees through California’s Private Attorneys General Act (PAGA). Serving as a quasi-class action, California’s PAGA allows employees to recover civil penalties for California Labor Code … Continue Reading

Ninth Circuit Narrowly Upholds Class Settlement In Misclassification Case

By Greg Mersol on June 5, 2014 Posted in Uncategorized

We’ve commented several times recently on the increasing scrutiny courts are giving to class action settlements generally, and to attorney fee awards in particular. A recent decision from the Ninth Circuit, although it ultimately upholds the award, reflects that this is still a troublesome area and less than entirely predictable for any of the parties. … Continue Reading

California Courts Deny Certification In Wage and Hour Cases Based On Claim That Employer “Should Have Known” Of Unpaid Time

By Greg Mersol on January 10, 2014 Posted in Class Certification, Wage and Hour

Back in October, we reviewed a number of California cases that, for the most part, denied certification in cases in which certification would have largely been a foregone conclusion only a few years ago. The first few days of 2014 have been quiet on the class action front so far, so let’s review a few … Continue Reading

California State and Federal Courts Renew Their Attacks On Arbitration Agreements

By Greg Mersol on November 7, 2013 Posted in Arbitration

In 1991, Sega introduced the video character Sonic the Hedgehog. Sonic became insanely popular, spawning several generations of videogames that are still being designed and sold today, comic books, and even a short-lived television show. Sonic is a blue hedgehog who must frequently fight to save a fictional world from the evil Dr. Ivo “Eggman” … Continue Reading

California Court Finds For Retailer After Trial Of PAGA Seating Claims

By Greg Mersol on January 7, 2013 Posted in PAGA, Retail

In 2004, California passed the Private Attorney General Act, more commonly known either as “PAGA” or the “sue your employer act.” PAGA permits employees to bring claims against their employer, essentially on a class basis, for civil penalties based on various parts of the California Labor Code. Although the act has been in force for … Continue Reading

California District Court Denies Certification of Proposed Class Over Employee Expenses

By Greg Mersol on August 30, 2011 Posted in Class Certification, Retail, Rule 23

A class action over socks?! Employers operating in California are subject many state-law employment regulations and the resulting ever-present threat of class action litigation. Suits over employment practice seem to come in waves based on industry and type of employee (e.g. insurance claims adjusters, retail managers) or specific policies (such as the current spate over … Continue Reading

Court Refuses Discovery to Find a Representative Plaintiff

By Greg Mersol on May 6, 2011 Posted in Class Certification

A recent California case demonstrates that a class action that should never have been brought can still bounce around the court system for years. Starbucks Corp. v. Superior Court.pdf (Cal. App. 4th Dist., Apr. 25, 2011). For reasons that will become apparent shortly, we are going to call the most recent opinion “Starbucks II.” During the … Continue Reading

California Appellate Court Sends Mixed Signals in Affirming Denial of Class Certification.

By Todd Dawson on April 29, 2011 Posted in Class Certification, Overtime Claims, Wage and Hour

The Second Appellate District in California recently affirmed a trial court’s refusal to certify a class of store managers in Mora, et al. v. Big Lots Stores, Inc.pdf., Case No. B221949 (April 18, 2011). Whether this case should be treated as a welcome sign for employers, however, remains an enigma wrapped inside a riddle (served … Continue Reading

Two and a Half Men … And Then Some

By Holli Hartman on March 14, 2011 Posted in Uncategorized

Although you could ascribe a number of interesting characteristics to actor Charlie Sheen these days, “selfish” isn’t one of them, at least if you believe some of his now famous complaint. In the lawsuit the former “Two and a Half Men” sitcom star filed March 10 against the show’s producers and WB Studio Enterprises, Inc., … Continue Reading

Court Finds Convenience Store Managers Exempt

By Greg Mersol on November 22, 2010 Posted in FLSA, Overtime Claims, Retail, Wage and Hour

Managers and assistant managers at retail locations have been the focus of many wage and hour class or collective action lawsuits. In these cases, the employer often asserts that the employee is exempt under the executive exemption and the employee contends that there was not enough discretion or exempt work to warrant application of the … Continue Reading

Another Court Denies Certification of a California Meal Break Class

By Greg Mersol on October 29, 2010 Posted in Meal and Rest Periods

The obligation to provide rest and meal periods has vexed California employers since its inception. While few employers would quibble with the notion that employees should have reasonable time off during work for breaks and meals, the language of the applicable wage order and its interpretation by some courts may create severe problems and class action claims. Central … Continue Reading

In Overtime Collective Actions, Primary Duties Are . . . Primary Duties

By Greg Mersol on October 20, 2010 Posted in Primary Duties Test

Many overtime cases challenge the exempt status of the members of the putative class and, more specifically, contest whether their “primary” duties are exempt and therefore meet the requirements of the exemptions relied upon by the employer.. This inquiry is made somewhat more difficult because of the differences in federal law and the laws of … Continue Reading