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 […]

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 […]

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[…]