Tag Archives: Wage & Hour

California Supreme Court Rejects Claim for Unpaid Wages under PAGA

Putting an end to employees’ backdoor attempts to recover unpaid wages in Private Attorneys General Act-only actions under California Labor Code Section 558, the California Supreme Court has ruled against allowing such claims. ZB, N.A., et al. v. Superior Court, No. S246711 (Sept. 12, 2019). This is surprising, as the Court provided this much-needed guidance … Continue Reading

California Worker Misclassification Bill Closer to Enactment

The California Assembly has passed a bill that would require workers to be classified as employees if the employer exerts control over how the workers perform their tasks or if their work is part of the employer’s regular business. Assembly Bill 5 (AB 5) passed by a vote of 61-16 in the Assembly. Governor Gavin … Continue Reading

AB 5 Returned to the CA Senate

The California worker classification bill, Assembly Bill 5 (AB 5), advanced closer to passage just prior to the Labor Day weekend. Please recall, AB 5, which is Assembly member Lorena Gonzalez’s proposed legislation regarding worker classification (discussed below and in a prior article by Jackson Lewis here), was referred to the Senate Appropriations Committee suspense … Continue Reading

Federal Law Preempts California’s Meal and Rest Break Laws for Commercial Drivers

Judge George H. Wu of the United States District Court for the Central District of California recently dismissed meal and rest break claims brought under the California Labor Code in a class action against motor carrier U.S. Xpress. In Anthony Ayala v. U.S. Xpress Enterprises, Inc. et al, Judge Wu granted U.S. Xpress’ motion for … Continue Reading

Wage Statements May Contain Fictitious Business Names, California Court of Appeal Affirms

While best practices would be to use the employer’s registered name, a recent Court of Appeal opinion has upheld an employer’s use of its fictitious business name in its wage statements. California Labor Code section 226 lists information that must be included in every employee’s wage statement. Pursuant to subsection (a)(8), one piece of information … Continue Reading

Taco Bell’s Prohibition on Employees “Heading for the Border” With Discounted Meals Does Not Violate California Meal Break Law, Ninth Circuit Rules

Affirming a district court order dismissing a putative class action, the Ninth Circuit Court of Appeals has held that Taco Bell’s policy of requiring employees to eat employer-discounted meals in the restaurant does not convert the meal period into “on duty” time such that the meal period becomes compensable under California law. Rodriguez v. Taco … Continue Reading
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