By Christine M. Mueller A California appellate court was unimpressed with the evidence, or lack thereof, used to challenge an arbitration provision. In Performance Team Freight Systems, Inc. v. Aleman, a group of truck drivers who entered into independent contractor agreements with Performance Team Freight Systems, Inc. (“the Company”) filed wage claims with the California […]
Another Nail in the Coffin for Employment Arbitration Agreements: Gentry is Good Law in Cases Where the FAA Does Not Apply to the Dispute By Jennifer Suberlak and Jenna Leyton-Jones In Garrido v. Air Liquide Industrial U.S. L.P., a California Court of Appeal determined that the rule set forth in Gentry v. Superior Court (2007) […]
By Shannon Finley and Jenna Leyton-Jones In Sheridan v. Touchstone Television Productions, LLC, a California appellate court held that a plaintiff is not required to exhaust administrative remedies for alleged violations of section 6310 et seq. of the California Labor Code (“section 6310”), which prohibits retaliation against employees for complaining about unsafe working conditions. Defendant […]
By Ryan Nell and Jenna Leyton-Jones In Alberts v. Aurora Behavioral Health Care, a group of former employees (collectively, “Plaintiffs”) of two acute care psychiatric hospitals filed a representative action against the operator of the hospitals, Aurora Behavioral Health Care (“Aurora”). Plaintiffs alleged multiple wage and hour claims, focusing on Aurora’s purported denial of meal periods, […]
By Christine Mueller The Ninth Circuit Court of Appeals (“Ninth Circuit”) dismissed an employee’s Private Attorneys General Act (“PAGA”) claim because the plaintiff failed to comply with the PAGA’s notice requirements. In Alcantar v. Hobart Service et al., the plaintiff filed a class action lawsuit against his employer alleging that he was not compensated for […]
By Jennifer Lutz On October 2, 2015, Governor Jerry Brown signed AB 1506 (Hernandez) into law. The bill, which amends sections 2699, 2699.3, and 2699.5 of the Labor Code (which encompasses the Private Attorneys General Act (“PAGA”)) took effect immediately upon the Governor’s signature. PAGA allows an employee to file a representative action against an employer for […]
By Jennifer Suberlak and Jenna Leyton-Jones In Sakkab v. Luxottica Retail North America, Inc., No. 13-55184 (9th Cir. Sept. 28, 2015), the Ninth Circuit Court of Appeals held that a waiver of the plaintiff’s representative Private Attorneys’ General Act (“PAGA”) claim could not be enforced. Plaintiff Shukri Sakkab (“Sakkab”) filed a wage and hour class […]
Managing Worker’s Compensation Leaves of Absence By Christine Mueller, Esq.; Employment Attorney Pettit Kohn Ingrassia & Lutz March 30, 2015 Companies are facing increasing costs of workers’ compensation insurance, as well as increasing administrative obligations in handling employee leaves of absence due to workplace injuries. Generally, employers must provide a workers’ compensation leave of absence […]
Pettit Kohn employment and retail litigation attorney Jennifer Weidinger discusses when you can and should file a protective order. When and How to File a Motion for a Protective Order Los Angeles Lawyer Magazine February 2015 DISCOVERY ALLOWS PARTIES to focus on the issues in dispute, facilitates dispositive pretrial motions, permits meaningful settlement negotiations, and prepares the […]
The Future Ain’t What It Used To Be 1- Semiconductor Manufacturer May Be Liable For Employee’s Future Child’s Birth Defects May. 9, 2014 It seems there is just no end in sight to lawsuits against companies due to their employees’ exposure to toxic substances in the workplace. On January 27, 2014, a California appeals court […]