All in Wage-hour
Vazquez, Garcia, AB 5, and all the latest on Dynamex.
Ward v. Tilly’s, Inc. (Cal. Ct. App. 2nd Dist. Feb. 4, 2019)
Garcia v. Border Transportation Group, LLC, Cal. Ct. App. 4th Dist. no. D072521 (Oct. 22, 2018), as modified (Nov. 13, 2018).
Huff v. Securitas Security Services USA, Inc., 23 Cal. App. 5th 745 (May 23, 2018), review denied (Aug. 8, 2018): a broad interpretation of the scope available to PAGA representatives in Labor Code-enforcement actions.
Canales v. Wells Fargo Bank, N.A., 23 Cal. App. 5th 1262 (May 30, 2018)
Troester v. Starbucks Corp., Cal. no. S234969 (July 26, 2018). De minimis doctrine did not apply to state-law wage-and-hour claims by Starbucks employee who worked four to ten minutes each workday off the clock (e.g., transmitting daily sales data and locking up the store).
Raines v. Coastal Pacific Food Distributors, Inc., Cal. Ct. App. 3d Dist. (May 22, 2018): PAGA actions to enforce Labor Code section 226(a) do not require a showing of actual injury; actual injury is only required to secure actual or statutory damages under section 226(e), but is not required to prosecute an enforcement action to secure an employer’s compliance with the Labor Code
Dynamex Operations West v. Superior Court, no. S222732 (Cal. Apr. 30, 2018): Cal Supremes rule on when a worker may be classified as an independent contractor as opposed to an employee under the Wage Orders of the Industrial Welfare Commission. The Cal Supremes held that California workers are presumptively employees and adopted a three-part test that must be satisfied in full by the hirer to establish independent-contractor status.
Alvarado v. Dart Container Corporation of California: California Supreme Court holds that flat-sum bonuses must be divided only by the number of nonovertime hours worked during an employee's pay period to determine the effect of the bonus on the employee's regular rate of pay.
Court of Appeal holds that PAGA notice that failed to state existence of other aggrieved employees was defective and was a basis on which to grant summary judgment.
Douglas v. Xerox Business Services, LLC, 875 F.3d 884 (9th Cir. Nov. 15, 2017)
Fourth District Court of Appeal holds that civil penalties under Labor Code section 558 include both the default civil penalty plus underpaid wages.