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 […]

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 […]

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 […]

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. […]

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 […]

    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 […]

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

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

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 […]

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 […]