A driver with arbitration agreement with Lyft, does not have to arbitrate his claims against Uber

The First Appellate District of California Courts of Appeal in Smythe v. Uber Technologies, Inc. faced a case involving both Uber and Lyft. Plaintiff claimed that Uber directed its drivers and others to use fake Lyft accounts to request rides, sending Lyft drivers on “wild goose chases.” He asserted claims for unfair business practices and […]

Settlement of Workers’ Compensation claims does not release other claims

In Camacho v. Target Corp., the Plaintiff Adrian Camacho appealed after the trial court granted summary judgment in favor of defendant Target Corporation (Target) on Camacho’s causes of action for discrimination based on sexual orientation, harassment causing a hostile work environment, failure to prevent harassment and discrimination, retaliation, constructive termination in violation of public policy, intentional infliction […]

Dynamex isn’t just about Wage Orders

After the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018), the legal and business communities focused on its holding that for purposes of claims made pursuant to California’s Wage Orders, the Wage Orders’ definition of “employee” controls, and not the traditional common law multi-factor test. Of course, […]

No leave to amend if the class representative is deemed inadequate

In Jones v. Farmers Ins. Exchange (2013) 221 Cal.App.4th 986 (“Jones”), the California Court of Appeal held that “[t]he lack of an adequate class representative … does not justify the denial of the certification motion.  Instead, the trial court must allow Plaintiff[[] an opportunity to amend [his] complaint to name a suitable class representative.  [Citation […]

The “de minimis” doctrine is not part of California wage and hour Law

    The de minimis doctrine is an application of the maxim de minimis non curat lex, which means “[t]he law does not concern itself with trifles.” (Black’s Law Dict. (10th ed. 2014) p. 524.) Federal courts have applied the doctrine in some circumstances to excuse the payment of wages for small amounts of otherwise […]

New California Law: Easier Burden for Employees in Proving Gender Based Pay Claims

November 11, 2015 On October 6, 2015 – Governor Jerry Brown signed[…]

Breaks: Employer’s Duty to Give Rest Breaks or Lactation Accommodation

November 4, 2015 – In California, the Industrial Welfare Commission Wage Orders requires that employers must[…]

Competing Independent Contractors to Arbitration

It is a common practice for employers to include arbitration clause in employment agreement with their employees or include such provisions in employee handbooks requiring employees to arbitrate any and all of their employment related dispute instead of filing lawsuits in courts. When employers use independent contractors instead of employees, however, the arbitrability of dispute […]

Final Wages: Your Employer’s Duty to You

In California, an employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. Labor Code §§201 and 227.3. An employee without a written employment contract for a definite period of time, who gives at least 72 hours prior notice of his or her […]

Restaurant Tipping and Overtime Violation

It is often the case that employees who work in restaurants in addition to their hourly wage, also receive tips from customers. Sometimes tips are being pulled by the employer and distribute to them based on some factors such as seniority, whether employee works in the guest area, shift, and alike. The illegal practices that […]