In early 2021, the 9th Circuit upheld federal preemption of California’s meal and rest break laws for interstate motor carrier drivers, in the consolidated case of International Brotherhood of Teamsters v. Federal Motor Carrier Safety Administration. In that matter, the 9th circuit held the Federal Motor Carrier Safety Administration (FMCSA)’s determination that
California Passes New Requirements for Call Center Employers
On September 29, 2022, California passed Assembly Bill (AB) 1601, which requires an employer of customer service employees in a call center to comply with the California Worker Adjustment and Retraining Act (Cal/WARN) requirements prior to a mass layoff, relocation, or termination of employees. Under this bill, a call center employer is prohibited from
California Court of Appeal Upholds Construction Industry CBA Exemption from PAGA
The California Court of Appeal for the Second Appellate District upheld the construction industry collective bargaining agreement exemption to the Private Attorneys General Act (PAGA) in Oswald v. Murray Plumbing and Heating Corporation.
Labor Code Section 2699.6
Under Labor Code section 2699.6, construction employees who perform work under a valid collective bargaining agreement (CBA)
Proposition to Repeal PAGA Approved for November 2024 Ballot
At the end of 2021, the California Secretary of State approved a proposition to reform California’s Private Attorneys General Act (PAGA) by collecting signatures for the November 2022 ballot. The Secretary of State recently announced that the California Fair Pay and Employer Accountability Act has qualified for the 2024 ballot, with nearly 1 million signatures
U.S. Supreme Court Declines Review of AB 5
In April 2021, the 9th Circuit panel held that the application of California Assembly Bill 5 (AB 5) to motor carriers is not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). Under AB 5, the test for whether a worker is appropriately classified as an independent contractor became more stringent, creating
Exclusive Concurrent Jurisdiction Applies to Overlapping PAGA Actions
In a recent decision, the California Court of Appeal held that the doctrine of exclusive concurrent jurisdiction applies to a Private Attorneys General Act (PAGA) representative action in Shaw v. The Superior Court of Contra Costa County. The decision is good news for employers facing overlapping PAGA complaints.
Underlying Facts
On July 21, 2022,
9th Circuit Rejects PAGA Objector’s Appeal
In a recent decision, Peck v. Swift Transportation, the 9th Circuit dismissed an objector’s appeal of the district court’s approval of a Private Attorney General Act (PAGA) settlement.
The parties reached a proposed class and PAGA settlement. A truck driver who was not a party to the action, Lawrence Peak (Peak), objected to
Proposition to Reform PAGA Approved to Collect Signatures
Under California’s Private Attorneys General Act (PAGA), an “aggrieved employee” may bring a representative action on behalf of him or herself and other “aggrieved employees” for civil penalties for various violations of the California Labor Code. (Labor Code §§2698, et seq.) PAGA cases have become increasingly more frequent for various reasons, including the fact
The California Trucking Association Petitions U.S. Supreme Court Over AB 5
In April, the 9th Circuit panel held that the application of California Assembly Bill 5 (AB 5) to motor carriers is not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). The panel found the district court abused its discretion by granting the preliminary injunction. The panel concluded that AB 5 is
9th Circuit Permits Enforcement of AB 5 Against Interstate Motor Carriers
In 2020, a California district court granted a preliminary injunction to prevent enforcement of Assembly Bill 5 (“AB 5”) against motor carriers operating within California. AB 5 codified the judge-made “ABC test” for classifying workers as either employees or independent contractors. The district court concluded, “there is little question that the State of California has