On June 30, 2022, the Supreme Court of California issued a decision in Grande v. Eisenhower Medical Center, No. S261247, that could have a far-reaching impact on the relationships between staffing companies and their clients.
Articles Discussing California Workplace Class Actions.
Supreme Court to Consider FAA Preemption of PAGA Claims
In a much-awaited decision, the Supreme Court of the United States indicated that it would consider whether the Federal Arbitration Act (FAA) preempts California’s rule prohibiting arbitration of Private Attorneys General (PAGA) claims under the California Labor Code. Depending upon the high court’s ultimate ruling, the case has the potential
Class Certification Still Defeated Although Common Evidence of Non-Compliance
By: Class Certification Still Defeated Although Common Evidence of Non-Compliance
California employers may take solace in a recent unpublished decision upholding denial of class certification. In Salazar v. See’s Candy Shops Incorporated, the California Court of Appeal upheld the trial court’s decision to deny certification of a proposed class claiming that
Costa Mesa, California, Enacts Premium Pay Ordinance for Retail Grocery and Pharmacy Workers
On March 16, 2021, the City Council of Costa Mesa, California, passed an urgency ordinance establishing premium pay for retail grocery and pharmacy workers during the COVID-19 pandemic. Costa Mesa is a large city in Orange County located southeast of Los Angeles. The ordinance requires that large retail establishments that
Big Changes to California Consumer Privacy Laws on Fall Ballot as Enforcement and Class Action Litigation Heats Up
The California Secretary of State Alex Padilla recently announced that the California Privacy Rights
Settlement or Dismissal of Individual Claims Does Not Preclude Assertion of PAGA Claims, California Supreme Court Holds
Noting the legal and conceptual differences between, as well as the penalties available in, a claim under the state’s Private Attorneys General Act (PAGA) and an employee’s individual suit for damages and statutory penalties, the California Supreme Court recently held that an employee may bring a PAGA claim even if
California Allows Employees in the Construction Industry to Waive PAGA Remedies Pursuant to Qualifying CBAs
Among the approximately 1,000 bills signed by California Governor Brown last month was Assembly Bill 1654 (“AB 1654”), which allows a class of employees to waive the remedies created by the Private Attorney General Act of 2004 (PAGA). As the number of PAGA lawsuits continues to increase in California, AB 1654 provides construction industry employers with an opportunity to resolve such disputes through entering into a collective bargaining agreement with a labor union.
Class Action Waivers Remain Inapplicable to PAGA Claims
The U.S. Supreme Court’s recent ruling that class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA) does not extend to claims under the California Private Attorneys General Act (PAGA). Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300; National Labor Relations Board v. Murphy Oil USA, Inc., et al., No. 16-307 (May 21, 2018); Iskanian v. CLS Transportation Los Angeles (2014) 59 Cal.4th 348.
Class Action Waiver in Employment Arbitration Agreement is Unenforceable, Court Rules
A class action waiver in an arbitration agreement is unenforceable under the National Labor Relations Act, Judge Gonzalo P. Curiel has ruled. Neal Pataky et al. v. The Brigantine, Inc., No. 3:17-cv-00352 (S.D. Cal. May 3, 2017).
No Class Action for Residential Care Facility Employees Over On-Duty Meal Periods
Denying class certification in an action for alleged meal period violations under the California Labor Code and Industrial Welfare Commission Wage Order No. 5-2001 (“Wage Order 5”), the California Court of Appeal ruled that a 24-hour residential care facility for developmentally disabled individuals did not have a policy that violated wage and hour laws common to the class members. Palacio v. Jan & Gail’s Care Homes, Inc. Specifically, the Court ruled that the residential care facility did not need to inform employees whom it required to waive their right to uninterrupted meal periods and eat their meals with the residents under Section 11(E) of Wage Order 5, that the employees could revoke the waiver at any time under Section 11(A).
Court of Appeals Spices Up Class Certification “Death Knell” Laws For Chipotle
Executive Summary: In a case of first impression, the California Court of Appeals recently held that, unlike cases where only class allegations are asserted, California’s “death knell” doctrine does not apply to cases where class certification is denied and representative claims under California’s Private Attorney General Act (PAGA) move forward. See Munoz v. Chipotle Mexican Grill, Inc., Los Angeles Superior Court Case No. BC447232 (June 30, 2015). The court’s decision means the plaintiffs cannot appeal the denial of class certification until after litigation of their representative PAGA claims.
Class Action Waivers Good in California, PAGA Waivers Perhaps
In Iskanian v. CLS Transportation of Los Angeles,1 an important decision on employment agreements that contain pre-dispute class and collective action waivers, the California Supreme Court held that its prior decision in Gentry v. Superior Court2 was abrogated by U.S. Supreme Court precedent, and that a state’s refusal to enforce a class action waiver on grounds of state public policy or unconscionability is preempted by the Federal Arbitration Act. The California Supreme Court likewise rejected the argument that a class waiver is unlawful under the National Labor Relations Act. However, the state high court also held that neither Supreme Court precedent nor the FAA preempts state law that prohibits waiver of an employee’s right to bring a “representative” action under California’s Private Attorneys General Act.
A Sunny “Off-The-Clock” Result For Golden State Employers
A California Court of Appeal in Jong v. Kaiser Foundation Health Plan, Inc., Case No. A138725, ___ Cal. App. 4th __, (Cal. App. 1st Dist. 5/20/2014) (Jong) recently upheld the trial court’s grant of the defendant’s pre-certification motion for summary judgment against California law off-the-clock claims made by the named plaintiff in a putative class action. Jong is a very favorable result for employers, and is notable for several reasons.
California Supreme Court Stabilizes the Law in California Misclassification Class Action Cases
n a long-awaited decision, the California Supreme Court in Duran v. U.S. Bank National Association, S200923 (May 29, 2014), clarified California’s standard for certifying class actions in employee misclassification cases. In doing so, the Court issued badly needed guidance to trial courts deciding whether employee wage class actions may be certified (or remain certified) as class actions. While the Court’s standard is not identical to that set forth in the U.S. Supreme Court’s recent decisions, Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct 2541 (2011) and Comcast v. Behrend, 133 S. Ct. 1426 (2013), Duran is a major step in bringing California’s law on class certification in line with the standards prevailing at the federal courts and in other states.
Ninth Circuit Holds California PAGA Representative Actions Are Not Eligible for Removal Under CAFA
Last week, in Baumann v. Chase Investment Services Corporation, the Ninth Circuit Court of Appeals held that representative actions brought pursuant to the California Labor Code Private Attorneys General Act (PAGA) are not sufficiently similar to Rule 23 class actions for removal to federal court under the Class Action Fairness Act (CAFA).