by Leonard H. Sansanowicz | Mar 30, 2020 | wage and hour
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...
by Leonard H. Sansanowicz | Nov 23, 2019 | wage and hour
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...
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...
