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Labor & Employment

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Disagreeing with Batze v. Safeway, Inc. (2017) 10 Cal.App.5th 440, this decision holds that Amrican Pipe tolling applies to this later-brought individual suit on the same Labor Code violations alleged in two prior putative class actions, both alleging that Staples misclassified its store managers as exempt employees even though they spent more than 50% of their work time performing functions… Read More

To obtain review of an OSHA Appeals Bd. decision, the aggrieved party must petition the Appeals Bd. for reconsideration of the underlying decision (whether of an ALJ or the Appeals Bd.), but this decision holds, there can be no second petition for reconsideration unless (a) on the first reconsideration the Appeals Bd. reverses the underlying decision, thus creating a new… Read More

Following Martin v. Lockheed Missiles & Space Co. (1994) 29 Cal.App.4th 1718, this decision holds that filing an amended charge with the EEOC does not exhaust administrative remedies under California's FEHA.  Nor did plaintiff properly exhaust his state law administrative remedies by amending his FEHA complaint long after the FEHA had closed its file on the matter.  Moreover, the amended… Read More

Generally, an employee must bring a claim under the federal Family and Medical Leave Act within two years of the violation.  ” 29 U.S.C. § 2617(c)(1). This limitation is extended to three years for a “willful violation.” 29 U.S.C. § 2617(c)(2).  This decision holds that a violation is willful only if the employer “either knew or showed reckless disregard for… Read More

A minor who signs a contract may disaffirm the contract after reaching 18 years of age. Fam. Code 6710.  Plaintiff in this case signed an employment agreement with an arbitration clause to work as a waitress at a Del Taco restaurant when she was 16 years old.  This decision holds that she retained the right to disaffirm the contract after… Read More

Ohio attorneys were admitted pro hac vice to represent Big Lots in this suit challenging Big Lots' classification of store managers as exempt managerial employees.  The Ohio attorneys then appeared for and represented several former Big Lots store managers at their depositions in the case.  When the plaintiffs brought this fact to the trial court's attention, it revoked the Ohio… Read More

The Federal Aviation Administration Authorization Act does not preempt California's ABC test for distinguishing between independent contractors and employees, and so that test as adopted in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 and codified in Lab. Code 2775 and 2776 governs in determining whether a federally licensed interstate motor carrier has correctly classified its truck… Read More

The district court did not abuse its discretion in denying class certification in this overtime pay case, finding plaintiff had not shown that common issues predominated.  Though there was a common question about whether defendant violated California labor law in calculating the amount of overtime pay (because in computing base pay it divided the flat bonus for weekend worked by… Read More

This decision affirms an order remanding this wage and hour case on the ground that the employer failed to sustain its burden of proving--in response to a factual challenge to its removal notice--that potential damages exceeded $5 million.  A plaintiff may raise a factual challenge by attacking the removing defendant's assumptions, even without providing any contrary assumptions or any evidence… Read More

This decision reverses a judgment confirming an arbitration award.  The arbitrator exceeded his powers by issuing an award that enforced an employment contract's provision that violated the employee's unwaivable statutory rights.  The employment agreement's confidentiality clause was so broadly written that it prohibited the employee from using any information not generally known to the securities industry for the benefit of… Read More

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