by Leonard H. Sansanowicz | Jun 26, 2015 | Court of Appeal, wage and hour, Wages
The DIR’s Promulgation of Regulations is Not Subject to APA Notice and Hearing Requirements. Vector Resources, Inc. v. Baker (May 26, 2015) 237 Cal.App.4th 46 Defendant Christine Baker (Baker), Director of the Department of Industrial Relations (DIR), issued a...
by Leonard H. Sansanowicz | Jun 9, 2015 | Arbitration, Court of Appeal, FAA, Labor Code
The FAA Preempts the Labor Code Where an Arbitration Clause Provides for Arbitration of Controversies or Claims Arising Out of the Underlying Contract and the Party Seeking to Enforce Shows the Contract’s Subject Matter Involves Interstate Commerce. Khalatian v. Prime...
by Leonard H. Sansanowicz | Jun 3, 2015 | class action, Court of Appeal, Wages
The Filing of a Class Action Tolls Claims from the Date of Filing Until the Date the Lawsuit Can No Longer Proceed as a Class Action. Falk v. Children’s Hospital Los Angeles, 237 Cal.App.4th 1454 (originally filed June 3, 2015; certified for publication June 24, 2015)...
by Leonard H. Sansanowicz | Jun 2, 2015 | class action, Court of Appeal, FLSA, wage and hour
Objectors’ Motion to Intervene in a Class Action Settlement Was Untimely, But the District Court Failed to Allow Sufficient Opportunity for Objections in the Approval Process. Allen and Labor Ready Southwest, Inc. v. Bedolla, et al. (9th Cir. June 2, 2015) Plaintiff...
by Leonard H. Sansanowicz | Jun 1, 2015 | employee classification
Labor Code Section 226.8 Extends Liability to Any Employer Who is Aware That a Co-Employer Has Willfully Misclassified Their Joint Employees and Fails to Remedy the Misclassification, But the Section Does Not Confer a Private Right of Action. Noe v. Super. Ct. (June...
