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...
This article reviews the requirements for liquidated damage provisions (including default interest) in residential contracts, commercial loans and other contracts.California Civil Code Section 1671 provides that liquidated damages are valid unless the party seeking to...
For the first time in nearly a decade, the Wage and Hour Division of the U.S. Department of Labor issued several Opinion Letters, including one addressing the compensability of fifteen minute rest breaks required every hour due to a non-exempt employee's serious...
In PGA West Residential Assoc., Inc. v. Hulven International, Inc., 14 Cal.App.5th 156 (2017), the California Court of Appeal reversed the Riverside County Superior Court and held that the California Uniform Fraudulent Transfer Act is a statute of repose (meaning that...
In Rizo v. Yovino, 2018 U.S. App. LEXIS 8882 (April 9, 2018), the en banc court held that "prior salary alone or in combination with other factors cannot justify a wage differential. To hold otherwise - to allow employers to capitalize on the persistence of the wage...
On February 27, 2018, in an opinion by Justice Sotomayor, the Supreme Court of the United States unanimously decided Merit Management Group, LP v. FTI Consulting, Inc. No. 16-784, holding that the only relevant transfer for purposes of the 11 U.S.C. § 546(e)...
The Ninth Circuit Court of Appeals in In re Charlene Milby, Nos. 16-60022 and 16-60023, reversed the bankruptcy court and affirmed the BAP's decision, but on other grounds, to hold that the two year statute of limitations for avoidance actions could be equitably...
In U.S. Bank Nat'l Ass'n v. Village at Lakeridge, LLC the Supreme Court considered whether the Ninth Circuit's application of clear error review to a bankruptcy court's determination under its non-statutory insider test was erroneous. In the Ninth Circuit, an...
In Perez v. Bui, No. CC-17-1102-FLKu, slip op. (B.A.P. 9th Cir. Feb. 8, 2018), the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed summary judgment in favor of the Chapter 7 Trustee for actual and constructive fraudulent transfer of real property. Before...
In Lawson v. ZB, N.A., 18 Cal. App. 5th 705 (2017), Plaintiff asserted various wage and hour claims and a California Private Attorneys General Act ("PAGA") claim against Defendant employer seeking penalties and underpaid wages pursuant to Cal. Labor Code § 558....