by Leonard H. Sansanowicz | Mar 28, 2019 | wage and hour
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...
by Leonard H. Sansanowicz | Nov 1, 2018 | PAGA, wage and hour
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...
by Leonard H. Sansanowicz | Jul 1, 2018 | employee classification, Labor Code, wage and hour
Dynamex Operations West, Inc.,v. Superior Court (Lee), 4 Cal. 5th 903 (2018) In 2010, the California Supreme Court issued the seminal case of Martinez v. Combs.1 Martinez confirmed that, as defined in the wage order,2 the term “employ” had three alternative...
by Leonard H. Sansanowicz | Mar 1, 2018 | wage and hour
Lawson v. ZB, N.A., 18 Cal. App.5th 705 (2017)In a repudiation of the Fifth Appellate District Court of Appeal’s decision in Esparza v. KS Indus., L.P., 13 Cal. App. 5th 1228 (2017) (previously reviewed in this column), the Fourth District held that claims for unpaid...
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 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...
