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The question in Morales-Garcia v. Better Produce, Inc., et al, __ F. 4th __, 2023 WL 3749314, *3 (2023), was whether strawberry Marketers, who entered into yearly marketing and sublease agreements with Growers, which specified that the la… Read More

In Cedena v. Customer Connexx LLC, 51 F.4th 831 (2022), reversing the district court's summary judgment ruling, the Ninth Circuit held that the time spent by call center workers booting up their computers and logging into the time system… Read More

At least since 2013, California Labor Code section 1102.5 has prohibited employers from retaliating against employees for "disclosing information" concerning suspected violations of law, either internally or to government or law enforcement agenci… Read More

The California Courts of Appeal uniformly hold that, a plaintiff, whose individual PAGA claims have been sent to arbitration following the United States Supreme Court's decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906, 1… Read More

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

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

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

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