Prejudice is not required for waiver of arbitration
No prejudice is required in determining whether a party to an arbitration agreement has waived its right to compel the arbitration and stay the action in the court. Morgan v. Sundance, Inc. (US 21–328 5/23/22) Arbitration Petitioner Robyn Morgan worked as an hourly employee at a Taco Bell franchise owned by respondent Sundance. When applying for […]
Pandemic Unemployment Assistance (PUA)
As part of the federal CARES Act, the new Pandemic Unemployment Assistance (PUA) program helps unemployed Californians who are business owners, self-employed, independent contractors, have limited work history, and others not usually eligible for regular state UI benefits who are out of business or services are significantly reduced as a direct result of the pandemic. The […]
GrubHub, DoorDash, Postmates and Uber Eats were sued in for sticking restaurants with “devil’s choice”
NEW YORK (Reuters) – GrubHub, DoorDash, Postmates and Uber Eats were sued on Monday for allegedly exploiting their dominance in restaurant meal deliveries to impose fees that consumers ultimately bear through higher menu prices, including during the coronavirus pandemic. In a proposed class action filed in Manhattan federal court, three consumers said the defendants violated […]
The California Supreme Court will decide on the faith of the gig economy
The California Supreme Court in CASTELLANOS v. STATE OF CALIFORNIA (Case: S279622) is presented with the question that does Business and Professions Code section 7451, which was enacted by Proposition 22 (the “Protect App-Based Drivers and Services Act”), conflict with article XIV, section 4 of the California Constitution and therefore require that Proposition 22, by […]
Rest and meal premiums are considered wages
The California Supreme Court in Naranjo v. Spectrum Security Services, Inc. (SC S258966 5/23/22), held that meal breaks are considered wages for the purpose of waiting penalty statute if the employee is not paid when the employment ends with the employer. The Naranjo Court, held that the extra pay for missed breaks constitutes “wages” that must be reported on […]
Prejudice is not required for waiver of arbitration
No prejudice is required in determining whether a party to an arbitration agreement has waived its right to compel the arbitration and stay the action in the court. Morgan v. Sundance, Inc. (US 21–328 5/23/22) Arbitration Petitioner Robyn Morgan worked as an hourly employee at a Taco Bell franchise owned by respondent Sundance. When applying for […]
PAGA’s prohibition of Arbitration Waivers is not Preempted by the FAA
We sued Postmates, now Uber Technologies, Inc. in 2017 alleging various labor code violations in a class action and representative action under California Lab. Code §2698 et seq. (otherwise known as Private Attorney General Act or PAGA) The trial court denied Postmates’s petition to compel arbitration of the PAGA claim for civil penalties brought by […]
PAGA & Arbitration
The plaintiff, in this case, alleged a single cause of action against the former employer under the California Private Attorneys General Act of 2004 (PAGA). (Lab. Code, § 2698 et seq.) The California Supreme Court in Iskanian v. CLS Transportation Los Angeles LLC (2014) 59 Cal.4th 348 (Iskanian) and Court of Appeal in Betancourt v. […]
Pandemic Unemployment Assistance (PUA)
As part of the federal CARES Act, the new Pandemic Unemployment Assistance (PUA) program helps unemployed Californians who are business owners, self-employed, independent contractors, have limited work history, and others not usually eligible for regular state UI benefits who are out of business or services are significantly reduced as a direct result of the pandemic. The […]
GrubHub, DoorDash, Postmates and Uber Eats were sued in for sticking restaurants with “devil’s choice”
NEW YORK (Reuters) – GrubHub, DoorDash, Postmates and Uber Eats were sued on Monday for allegedly exploiting their dominance in restaurant meal deliveries to impose fees that consumers ultimately bear through higher menu prices, including during the coronavirus pandemic. In a proposed class action filed in Manhattan federal court, three consumers said the defendants violated […]
Appeals Court Vacates Order Requiring Worker To Pay Costs to Walmart After Losing Age Discrimination Case
I represented Warren Mauran for his age discrimination case against Walmart. A federal appeals court this week vacated an order requiring my client, a former Walmart worker who lost his age discrimination lawsuit against the corporation to pay a portion of Walmart’s costs. U.S. District Judge R. Gary Klausner had ordered my client, who had […]
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 […]