Dynamex ABC Test Applied Retroactively and to Labor Code Claims Enforcing the Wage Order’s Protections, Not Just Wage Order Claims.

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Gonzales v. San Gabriel Transit, 40 Cal.App.5th 1131 (Oct. 8, 2019) Plaintiff filed a wage and hour case for misclassification of drivers as independent contractors who worked for a transit company that provided transportation services to passengers of public and private entities. Plaintiff moved for class certification, which the trial court denied for lack of… Continue Reading Dynamex ABC Test Applied Retroactively and to Labor Code Claims Enforcing the Wage Order’s Protections, Not Just Wage Order Claims.

Only Fixed Amounts, Not Wage Component, Comprise 558 PAGA Penalty.

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ZB, N.A. v. Lawson, 2019 WL 4309684 (Sept. 12, 2019)In a much-anticipated decision, the California Supreme Court definitively decided that the wage component of Labor Code section 558 (“an amount sufficient to recover underpaid wages”)[i] is not part of the civil penalty that a private citizen can recover through a representative action under the Labor… Continue Reading Only Fixed Amounts, Not Wage Component, Comprise 558 PAGA Penalty.

Individuals Acting on Employer’s Behalf Personally Liable for PAGA Penalties

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Atempa. v Pedrazzani, 27 Cal.App, 5th 809 (2018) Labor Code § 558(a) provides that an employer “or other person acting on behalf of an employer” who causes a violation of the laws in the 500 series of the Code (which includes statutes pertaining to overtime and meal periods) is subject to a civil penalty. Labor… Continue Reading Individuals Acting on Employer’s Behalf Personally Liable for PAGA Penalties

PAGA Waiver is Unenforceable as Against Public Policy and Unseverable From Arbitration Agreement in Employee Handbook

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Juarez v. Wash Depot Holdings, Inc., 24 Cal. App. 5th 1197 (2018) The Second District Court of Appeal found this discrepancy to be material, such that it rendered the entire arbitration agreement unenforceable. The appellate court further held the trial court did not abuse its discretion when it found that the there was a “profound”… Continue Reading PAGA Waiver is Unenforceable as Against Public Policy and Unseverable From Arbitration Agreement in Employee Handbook

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