A Plaintiff Cannot be Compelled to Arbitrate the Threshold Question of Employee Status in a PAGA Claimin Employment Law by Timothy Reuben
In Damaris Rosales v. Uber Technologies, Inc. (May 4, 2021) 2021 DJDAR 4243, the Court of Appeal, Second Appellate District, clarified that a plaintiff asserting a claim for civil penalties under the Labor Code Private Attorneys General Act of 2004 … more
On Tuesday, April 7, 2020, Stephen L. Raucher was a panelist presenting an MCLE webinar through BHBA entitled “Legal Issues in the Age of COVID-19: Employment and Insurance” (video in link). This was part 1 of a 3 part series … more
Job Applicants Cannot Bring Common Law Tort Actions Against Prospective Employers for “Tameny” Discriminationin Employment Law by Timothy Reuben
The Court of Appeal, Third Appellate District, recently clarified that a common law tort action under Tameny for employer conduct in violation of public policy requires an employment relationship. In Williams v. Sacramento River Cats Baseball Club, LLC, 40 Cal. … more
Court of Appeal Affirms Jury Verdict Because Plaintiffs Presented Prima Facie Case of Whistleblower Retaliationin Employment Law by Timothy Reuben
The Court of Appeal, Second Appellate District, recently issued an opinion illustrating the burden of proof in a whistleblower retaliation case. In Hawkins v. City of L.A., 40 Cal. App. 5th 384 (2019), the court affirmed a jury verdict for … more
The Court of Appeal, Fourth Appellate District, recently issued an opinion clarifying the appropriate test for whether or not a person is an “employee” or an “independent contractor” in the context of a wage order claim. In Garcia v. Border … more
9th Circuit Holds Prior Salaries Can Not Be Basis For Pay Differentials Between Male and Female Employeesin Employment Law by Timothy Reuben
The 9th Circuit decided in Rizo v. Yovino, 2018 U.S. App. LEXIS 8882, that prior salaries are not “factors other than sex” to justify a pay differential between men and women. In Rizo v. Yovino, The Court, en banc, addressed … more
The Court of Appeal, First Appellate District, recently issued an opinion clarifying the extent of the duty an employer owes to ensure its employees take their meal breaks. In Serrano v. Aerotek, Inc. (Mar. 9, 2018, No. A149187) ___Cal.App.5th___ [2018 … more
Plaintiff Asserting Claim Under Private Attorneys General Act (PAGA) Must Provide Adequate Notice And May Not Proceed Individuallyin Employment Law by Timothy Reuben
The Court of Appeal, Second District, recently clarified what constitutes adequate notice to the California Labor and Workforce Development Agency (LWDA) in order to assert a PAGA claim. In Khan v. Dunn-Edwards Corp. (2018) 19 Cal.App.5th 804, plaintiff brought a … more
Coming out of the California Court of Appeal, Fourth Appellate District, Division Two, the Court of Appeal determined in Bustos v. Global P.E.T., Inc. (Dec. 22, 2017, No. E065869) 2017 Cal. App. LEXIS 1168, that the trial court appropriately exercised … more
The California Court of Appeal continues to favor class certification in the recent ABM Industries Overtime Cases ___Cal.App.5th___ [2017 Cal. App. LEXIS 1165] coming out of the First District, Division Four, published January 10, 2018. This trend will continue to … more
RRB’s Michael Hirota’s article “New Decision Questions Legitimacy of ‘No Hire’ Clauses” is published in the Los Angeles Daily Journal on May 1, 2015.
RRB’s Timothy Reuben and Michael Hirota’s article “Muddied Waters on Unconscionable Arbitration Agreements” is published in the Los Angeles Daily Journal on April 1, 2015.
RRB’s Timothy Reuben and Michael Hirota’s article “Employers Can’t Stop Harassment If It Doesn’t Exist” is published in the Los Angeles Daily Journal on March 17, 2015.