In In re Point Center Financial, Inc., No. 16-56321, slip op. (9th Cir. May 29, 2018) the Ninth Circuit Court of Appeals decided whether attendance at a hearing and an objection to a bankruptcy court ruling are prerequisites to having standing to appeal the same....
Month: May 2018
Third District Court of Appeal Holds Higher Penalty Provision Applies to PAGA Claims for Wage Statement Violations
The Private Attorneys General Act of 2004 (PAGA) allows an employee to bring representative claims on behalf of similarly aggrieved employees to recover "civil penalties" previously only recoverable by the Labor and Workforce Development Agency (LWDA) for violations...
Class Action Waivers in Employment Arbitration Agreements are Enforceable
Today, the United States Supreme Court finally resolved the split of authority among federal circuit courts as to the enforceability of class action waivers in employment arbitration agreements. In issuing its much anticipated opinion in NLRB v. Murphy Oil Co., Ernst...
Factoring a Flat Sum Bonus Into An Employee’s Overtime Pay Rate
Under California law, an employer is obligated to pay an overtime premium for work in excess of eight hours in a day, 40 hours in a weeks, or for any work at all on a seventh consecutive day. See Alvarado v. Dart Container Corp. of California, 4 Cal.5th 542, 553...
Employers Beware -Post-Dynamex, the Classification of Workers as Independent Contractors Will be Met With Greater Scrutiny
On April 30, 2018, the California Supreme Court issued its opinion in Dynamex Operations West, Inc. v. Superior Court (2018 Cal. LEXIS 3152) wherein it decided what standard applies, under California law, to determine whether workers should be classified as employees...