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Blowing Up the Arbitration Process

A recent article in The New York Times recounts how some companies that use arbitration clauses are facing an onslaught of arbitration claims, with the assistance of some entrepreneurs with a financial stake in the claims. Here’s a little bit more information about two of the individuals interviewed in the article. Teel Lidow’s FairShake company Read More

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Settling Employee Still Has Standing To Maintain PAGA Claim

The California Supreme Court has told employers that settling an employee’s Labor Code claim does not prevent the employee form later pursuing a PAGA claim for the same violation. Kim v. Reins Int’l California, Inc., Case No. S246911 (Mar. 12, 2020). An employer who violates the Labor Code may be sued for damages and for civil Read More

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CDC Advice for Employers on Coronavirus

As the coronavirus spreads, many employers have questions about how to respond. The federal Centers for Disease Control and Prevention has the following advice: Actively encourage sick employees to stay home. Employees who appear to have acute respiratory illness symptoms (i.e. cough, shortness of breath) upon arrival to work or become sick during the day Read More

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California Supreme Court Tells Apple What “Hours Worked” Means

In response to a question from the United States Court of Appeals for the Ninth Circuit, the California Supreme Court has explained what the term “hours worked” means, as it is used in the California wage orders. The case involved a class action claim that Apple should pay its retail store employees for the time Read More

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Truckers Obtain TRO against AB5

The California Trucking Association has obtained a temporary restraining order against application of AB 5 to independent truckers. As explained in an earlier post, AB 5 would expressly incorporate the ABC test for employment (as articulated by the California Supreme Court in the Dynamex decision) into the Labor Code. United States District Judge Roger T. Benitez issued the TRO on December Read More

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New Lawsuit Challenges AB 5

Uber, Postmates, Uber driver Lydia Olson and Postmates courier Miguel Perez have filed a lawsuit seeking to have AB 5 declared unconstitutional in the United States District Court for the Central District of California in Los Angeles. Lydia Olson v. State of California, Case No. 2:19-cv-10956. (Read the complaint here.) The case is assigned to United Read More

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Anti-Arbitration Law On Hold

AB 51 purported to ban arbitration agreements as a condition of employment, continued employment, or the receipt of any employment-related benefit, by adding new section 432.6 to the Labor Code, effective January 1, 2020. On Monday, December 30, 2019, United States District Judge Kimberly J. Mueller issued a temporary restraining order against enforcement, pending a hearing to Read More

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Calculating Regular Rate of Pay for a Salaried Nonexempt Employee

A paragraph from a recent article in the Los Angeles Times about the “Revenge of the showbiz assistants” prompts a few words of caution. The article quotes a spokeswoman for WME (a talent agency) as saying that “each assistant automatically has 10 hours of overtime allotted into their paycheck each week.” While the details of Read More

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Uber, Lyft and Doordash Launch Attack on AB5

Image provided by www.quotecatalog.com Uber, Lyft and Doordash have launched a campaign to pass an initiative that would limit the impact of AB 5, a new California law that seeks to increase the number of workers entitled to protections for employees under California law. If passed by voters next year, the initiative would add new provisions Read More

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Watch Partner Calvin House Argue in the Ninth Circuit

We represent Los Angeles School Police Officer Daniel East in a lawsuit claiming that Officer East participated in the unlawful prosecution of a juvenile adjudicated a murder, whose conviction was overturned. Our appeal from the District Court’s refusal to grant summary judgment was heard by a 3-judge panel of the Ninth Circuit on October 15, Read More

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