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California Workplace Law Blog

Tag Archives: class

A California Court of Appeal Permits Class Action Regarding Independent Contractor Status But Affirms Denial of Class Certification For Unpaid Overtime and Meal and Rest Period Violations

  A new case presents a mixed bag of results for California employers. As a general matter, California employers should be careful when classifying individuals as independent contractors, rather than employees. Reversing the denial of class certification in an action for various Labor Code violations, a California Court of Appeal held that whether newspaper delivery… Continue Reading

Another California Court of Appeal Upholds Arbitration Despite NLRB’s Opinion in D.R. Horton

               Another California Court of Appeal provides employers with a victory with respect to the enforcement of arbitration agreements. Affirming an order compelling arbitration in a class action for California Labor Code violations, a California Court of Appeal ruled that the employee was required to arbitrate her individual wage and hour claims against her employer because… Continue Reading

California Court of Appeal Strikes Overtime Class Action Based On Due Process Concerns

Reversing a $15 million judgment against an employer in a class action for alleged unpaid overtime, the California Court of Appeal, First Appellate District, has held that the trial court’s trial management plan, which used sampling evidence to prove class liability, denied the employer due process by preventing it from defending against over 90% of… Continue Reading