Workman Law Blog

The Supreme Court Of The United States Hands Defendants A Setback In Their Removal Quests: Third-Party Defendants Asserting Counterclaims Cannot Remove Counterclaims To Federal Court. Home Depot U.S.A., Inc., v. Jackson, 2019 WL 2257158 (U.S. May 28, 2019)

SUMMARY:

The Supreme Court of the United States held that the general removal statute, 28 U.S.C. §1441, and the Class Action Fairness Act of 2005 (“CAFA”), 28 U.S.C §1453, does not allow third-party counterclaim def… Read More

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Second District Court of Appeal’s Decision in Ward v. Tilly’s Inc., 31 Cal. App. 5th 1167 (February 4, 2019), Defines “Report For Work” Within Wage Order 7 and Extends The Reporting Time Pay Requirement’s Reach To “Call-In” Shifts For Mercantile Workers

SUMMARY:

The California Second District Court of Appeal reversed a trial court’s decision in favor of the employer which held that an employee must physically appear at the workplace to “report to work.” The Court i… Read More

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Legislative Update

Assembly Member Gonzalez Fletcher sponsored AB 3080, that was co-sponsored by the AFL-CIO and the Screen Actors Guild, which prohibits employers from requiring, as a condition of employment, employees to waive any “right, forum, or procedure” for… Read More
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PAGA STANDING CLARIFIED

In Huff v. Securitas Services USA, Inc., 2018 Cal. App. LEXIS 474 (decided May 23, 2018), the Court of Appeal held that an employee bringing a claim pursuant to the Labor Code Private Attorneys General Act of 2004 (“the PAGA”) need only… Read More

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Categories: Case News

EMPLOYERS WIN AGAIN - The United States Supreme Court Holds That Employers May Require Employees, As A Condition Of Employment, To Forego Their Right To Collective Action

Continuing to spin the “choice” fiction, in Epic Sys. Corp. v. Lewis, 2018 U.S. LEXIS 3086 (May 18, 2018), the United States Supreme Court further insulates employers from collective or class ac… Read More

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The California Supreme Court Addresses The “Employee” vs. “Independent Contractor” Question in Dynamex Operations West, Inc. v. Superior Court, 2018 WL 1999120, 2018 Cal. LEXIS 3152 (April 30, 2018)

ISSUE:

The California Wage Orders impose obligations on employers related to minimum wage, maximum hours, and minimum requirements for rest breaks, meal breaks, split shifts worked, and other employment conditions. The purpose of the Wage… Read More

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Class Action Money and Ethics Conference 2018

Join your class action litigation colleagues -- including plaintiffs' lawyers, defense counsel, economic advisors and experts, litigation financiers, claims administrators, members of the judiciary, academics, government attorneys, Fortune 5… Read More

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California Court of Appeal Rules that On-Call Rest Breaks are Permissible

On December 14, 2014, in Augustus v. ABM Security Services, Inc., 2014 Cal. App. LEXIS 1209, the California Court of Appeal, Second Appellate District, reversed a $90 million judgment… Read More

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Categories: Rest Breaks

California Supreme Court Rules Security Guards are Entitled to Compensation for On-Call Hours, Including Sleep Time

On January 8, 2015, in Mendiola v. CPS Security Solutions, Inc., 2015 Cal. LEXIS 3, the California Supreme Court affirmed the Court of Appeal's conclusion that security guards' on-call time constitutes hours worked… Read More

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York Claims Service Wage and Hour Cases

On December 11, 2014, the trial court issued a proposed statement of decision following a class action trial that occurred in May of 2014. The issue in the case was whether Defendant York erroneously classified the class of 122 claims examiners/ad… Read More

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