Whether an Employee is an “Aggrieved Employee” for PAGA Purposes is Not Arbitrable.

Provost v. YourMechanic, Inc., 55 CalApp5th 982 (Oct. 15, 2020) Defendant sought to compel Plaintiff to arbitrate the issue of whether he was an “aggrieved employee” before he could proceed with his complaint for civil penalties under the Labor Code Private Attorneys General Act of 2004 (“PAGA”). The Fourth Appellate District affirmed the trial court’s… Continue Reading Whether an Employee is an “Aggrieved Employee” for PAGA Purposes is Not Arbitrable.

Arbitrator’s Failure to Void Non-Compete, Non-Solicitation Provisions Violated Employee’s Statutory Rights Under B&P § 16600.

Brown v. TGS Mgmt. Co., LLC, 57 CalApp5th 303 (Oct. 13, 2020) Plaintiff appealed the trial court’s confirmation of an arbitration award in Defendant’s favor. Relying on Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1 and on Business & Professions Code section 16600, the Fourth Appellate District reversed the judgment on the grounds that… Continue Reading Arbitrator’s Failure to Void Non-Compete, Non-Solicitation Provisions Violated Employee’s Statutory Rights Under B&P § 16600.

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

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 commonality… 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.

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.

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