Labor & Employment

This decision holds that the US Supreme Court's later decision in Granite Rock Co. v. Int’l Bhd. Of Teamsters (2010) 561 U.S. 287, which expressly rejected the notion that labor arbitration disputes should be analyzed differently than commercial arbitration disputes undermined the reasoning of both Pacesetter Construction Co. v. Carpenters 46 Northern California Counties Conference Bd. (9th Cir. 1997) 116… Read More

When employees are compensated on a piece work basis, they must be separately compensated at either the minimum wage or higher contractual wage rate for the rest breaks to which they are legally entitled.  If the employees are allowed to take the rest breaks, but are not separately compensated for them, they can choose either, but not both, of the… Read More

Under Lab. Code 3366 civilian who assists any peace officer in active law enforcement service at the request of the peace officer's request is deemed to be a public employee as a matter of law and is entitled to workers compensation for any injury sustained while providing that assistance.  However, since workers compensation is available, the person assisting the police… Read More

CCSF wrongly terminated Morgado's employment as a police officer.  While he was no longer working for CCSF, Morgado was engaged as a broker, earning $181,000 in gross income.  This decision holds that Morgado's earnings as a broker must be offset agaisnt the damages he is awarded against CCSF whether for front or back pay.  Morgado is entitled only to be… Read More

Two employees filed separate PAGA suits against employer.  Employer settled with the first employee who sued it, and the Labor and Workforce Development Agency (LWDA) accepted its share of the settlement proceeds.  The second employee then moved to intervene and object to the settlement.  Held:  The trial court did not err in denying the motion to invtervene.  The motion was… Read More

Joining the 1st Circuit, this decision holds that a worker can be "engaged in interstate commerce" and thus exempt from the FAA even though the worker, himself, does not cross state lines--so long as he is part of a distribution chain that extends across state lines.  Thus, Amazon's "last-mile" delivery drivers were exempt from the FAA.  Though they didn't cross… Read More

Effective Jan. 1, 2017, Lab. Code 1197.1 was amended to require that an employer post a bond in the amount of wages, liquidated damages and interest (but not civil penalties) assessed by the DLSE if the employer wishes to challenge the DLSE's wage order through a petition for administrative mandate in superior court.  This decision holds that the new bond… Read More

This decision affirms an order denying an employer's motion to compel arbitration.  Though it found only a minimal degree of procedural unconscionability in that the arbitration agreement was an adhesion contract, it holds that there was a high degree of unconscionability inherent in the arbitration agreement's (a) too restrictive limitation of discovery and (b) non-mutuality.  Discovery was limited to two… Read More

A doctor who was joined a hosptial's staff and was given clinical privileges and performed surgery at the hospital was an independent contractor, not an employee and so could not state a Title VII claim for discrimination in employment against the hospital.  He was on call with the hospital only 5 days a month, and his earnings from the hospital… Read More

Citing Arias v. Superior Court (2009) 46 Cal.4th 969, this decision holds that the settlement and judgment in a prior class action and PAGA suit against the employer alleging the same meal and rest break violations is res judicata of plaintiff's similar PAGA claims.  Even though plaintiff opted out of the class action portion of the earlier case, he could… Read More