Effective January 1, 2021, plaintiffs who bring whistleblower retaliation claims under California Labor Code section 1102.5 will be eligible to recover attorneys’ fees if they prevail. Labor Code section 1102.5
Continue Reading To the (whistleblowing) victor go the spoils…
Rideshare companies like Uber and Lyft are celebrating the passage of Proposition 22 in a 58% to 42% victory. Through passage of the Proposition, certain gig-economy companies were able to
Continue Reading Voters Approve California Prop. 22: Now What?
In August 2020, the California Court of Appeal issued two wins for California employers facing multiple simultaneous representative actions under the Labor Code Private Attorneys General Act of 2004 (PAGA)
Continue Reading Impersonators Beware: Claim Preclusion of Copycat PAGA Lawsuits
As the new school year approaches, some California employers will have to deal with the continued closure of schools, which impacts many working parents, and consequently their employers. Already, the
Continue Reading No Back to School
Yesterday, the California Supreme Court issued its long-awaited opinion in Kim v. Reins International California, Inc. and unanimously reversed the California Court of Appeal. The Court held an employee does not lose standing to pursue claims under the Private Attorneys General Act of 2004 (“PAGA”), Cal. Lab. Code § 2698 et seq., even when that employee settles his individual Labor Code claims asserted in that same action.
In Reins, the plaintiff claimed his employer had misclassified him as an exempt employee. He alleged the usual panoply of Labor Code claims (failure to pay overtime, failure to provide meal and rest breaks, failure to provide accurate wage statements, waiting time penalties) and sought civil penalties under the PAGA. The plaintiff later settled all of his individual claims, but not the PAGA claims.
Continue Reading PAGA Plaintiffs: No Injury, No Problem, Says Unanimous California Supreme Court
On the heels of our reporting that new DOL joint employment regulations are set to take effect March 16, the NLRB jumped into the fray and issued a final
Continue Reading Joint Employment Update: NLRB Issues Final Rule; 17 States Sue to Enjoin New DOL Rule
See our Feb. 28 update regarding the new joint employer rule.
On March 16, 2020, new rules on joint employment status under the Fair Labor Standards Act (FLSA) will go
Continue Reading Some Relief: DOL Provides Flexibility and Clarity With New Joint Employer Rules