Alison L. Lynch

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After previously denying class certification, a California district court recently dismissed an action against CVS Pharmacy seeking penalties under the Private Attorney General Act for failing to provide its retail clerks with suitable seating.   In Kilby v. CVS Pharmacies, Inc., the Court granted CVS’s motion for summary judgment and ruled that section 14(A) of the…

At the end of 2011, the Department of Fair Employment and Housing (“DFEH”) released its Annual Report for 2010.  It identifies some statistics that may be useful for employers, comparing results in 2010 with the previous three years.  The numbers illustrate a clear effort by the DFEH to close cases as quickly and efficiently as …

Recently, a California appeals court ruled that a prevailing defendant can recover fees paid to a plaintiff’s expert witness, rejecting the argument that fees may only be recovered for payments made to the employer/defendant’s own expert.  The case, Chaaban v. Wet Seal, is the first California case to expressly rule on the issue.  In…

On December 21, 2011, a California appellate court made two important rulings regarding reporting time and split shift pay: First, non-exempt employees are not entitled to “reporting time pay” for attending scheduled meetings at work, even though no “usual” day’s work is performed, as long as the employee is paid for at least half of the …