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Labor & Employment

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As part of a settlement of a prior wage and hour lawsuit, employee signed an arbitration agreement with employer.  Four years later, plaintiff brought this PAGA claim against employer.  This decision affirms an order denying the employer's motion to compel arbitration.  The State of California is the real party in interest in a PAGA action.  It did not sign the… Read More

An employer's arbitration agreement said that the employer and employee agreed to arbitrate all claims arising from the employment relationship, including class action claims and in the next sentence stated that the employee waived the right to participate in any class action lawsuit.  This decision holds that the agreement unambiguously required the parties to submit class action claims to arbitration. … Read More

Defendant was a signatory as an employer to a collective bargaining agreement with the union which supplied lighting technicians for the TV commercials that defendant produced or that were produced by non-signatory production companies that rented defendant's services and its signatory status to hire the technicians.  This decision reverses a summary judgment in defendant's favor on wage claims by technicians… Read More

Applying Singapore law in accordance with a stock purchase agreement's choice of law clause, this decision holds that the employer did not breach that agreement when it bought back the employee's stock after having fired him.  The agreement provided for an employer buy back at market value of the stock if the employee left employment voluntarily or involuntarily for any… Read More

The trial court erred in compelling arbitration of plaintiff's individual wage and hour claims while retaining jurisdiction over his PAGA claims.  The employer's arbitration clause contained a waiver of "representative" claims--a word broad enough to encompass PAGA claims.  Since PAGA claims cannot be waived, the purported waiver was invalid.  But the arbitration clause also said that the waiver provision was… Read More

Though not called "ministers" and though lacking as rigorous a religious education, teachers at a Catholic or other religious school, whose duties include educating students in the tenets of their religious faith fall within the "ministerial exception," based on the First Amendment, which prevents courts from adjudicating wrongful termination or employment discrimination claims brought by employees of religious institutions whose… Read More

Summary judgment was properly entered for the employer in this wage and hour case.  The employer's expert showed that the employer's time rounding of clock in and out times to the nearest 15 minutes was facially neutral and neutral in practice as well.  Also, the employer disproved the employee's claim that he was denied meal and rest breaks.  Each weekly… Read More

Labor Code 226 applies to wage statements provided by an employer if the employee’s principal place of work is in California.  This test is satisfied if the employee works a majority of the time in California or, for interstate transportation workers whose work is not primarily performed in any single state, if the worker has his or her base of… Read More

An employer must provide wage statements complying with Labor Code section 226 when an employee’s principal place of work is in California, which ordinarily means the employee works a majority of the time in California.  For interstate transportation workers and others who do not spend a majority of their working time in any one state, this test is satisfied when… Read More

State law limits on wage borrowing permit compensation schemes that promise to compensate all hours worked at a level at or above the minimum wage, even if particular components of those schemes fail to attribute to each and every compensable hour a specific amount equal to or greater than the minimum wage.  The no-borrowing principle--that an employer cannot "borrow" compensation… Read More

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