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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, […]

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 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 […]

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 […]

The Second Circuit Court held that unpaid interns at a for-profit employer are NOT employees under the Fair Labor Standards Act (FLSA) and thus, NOT entitled to compensation for services provided. Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478-cv, 13-4481-cv (2d Cir. July 2, 2015); Wang v. Hearst Corp., No. 13-4480-cv (2d Cir. July 2, 2015). The […]

In Sandquist v. Lebo Automotive, Inc. (2014) 228 Cal.App.4th 65, the plaintiff filed a putative class action for race, color, national origin, and ancestry discrimination under the Fair Employment and Housing Act (FEHA). The trial court compelled individual arbitration and dismissed the class allegations. The Court of Appeal reversed, holding that the arbitrator, rather than the trial […]