In Laffitte v. Robert Half International, Inc. (2016) 1 Cal.5th 480, the California Supreme Court upheld an award of common fund attorney fees in a class action settlement. The introduction to the opinion gives a good summary of the facts and holding: A class action employment lawsuit settled before trial for $19 million, with the
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New Labor Code Section Targets Choice-of-Law, Choice-of-Venue Provisions
On September 25, 2016, Governor Brown signed into law Senate Bill 1241, enacting new Labor Code section 925. Effective January 1, 2017, section 925 provides as follows: (a) An employer shall not require an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that would do…
Sandquist v. Lebo Automotive: Under Arbitration Agreement at Issue, Arbitrator Decides Whether Class Arbitration is Available
The California Supreme Court has issued an important decision on the availability of class arbitration: Sandquist v. Lebo Automotive, Inc. (2016) 1 Cal.5th 233. Timothy Sandquist worked for Lebo Automotive, Inc., as a car salesman. On Sandquist’s first day of employment, his manager gave him approximately 100 pages of forms to complete as a condition of…
Augustus v. ABM Security Services: Cal. Supremes Hold that Labor Code Prohibits On-Duty and On-Call Rest Periods
Jennifer Augustus worked for ABM Security Services as a security guard. ABM required its guards to keep their pagers and radios on and to remain vigilant and responsive as needed during their rest periods. Augustus sued ABM in 2005 for violating California’s rest period requirements. The trial court certified a class, granted summary judgment for…
Augustus v. ABM Security Services: Cal. Supremes Hold that Labor Code Prohibits On-Duty and On-Call Rest Periods
Jennifer Augustus worked for ABM Security Services as a security guard. ABM required its guards to keep their pagers and radios on and to remain vigilant and responsive as needed during their rest periods. Augustus sued ABM in 2005 for violating California’s rest period requirements. The trial court certified a class, granted summary judgment for…
Blog Re-Boot for the New Year
If you read my blog regularly (or used to), you’ve noticed that I haven’t written in quite a while. Other than recently advertising my Advanced Mediation Conference, I haven’t posted at all since May. Well, that’s changing with the new year. My resolution is to get back to the business of keeping my blog up…
Advanced Mediation Conference: Practical Skills for Experienced Employment Litigators
Even seasoned litigators sometimes feel lost in mediation, with questions such as where to open or how to move forward without giving too much away. And even seasoned litigators sometimes leave mediation feeling frustrated because a client left money on the table, or paid too much, or a case that should have settled did not.…
Alvarado v. Dart Container Corp.: Cal. Supremes Grant Review to Decide Overtime Rate of Pay Issue
In Alvarado v. Dart Container Corporation of California (Cal.App. 1/14/16) (discussed here), the California Court of Appeal held: (1) California law does not provide a method of calculating overtime rates of pay where the employer pays its employees an hourly rate of pay, plus a flat sum daily attendance bonus; (2) the employer…
Chen v. Allstate: Depositing Money into Escrow Account Does Not Moot Putative Class Action; Plaintiff Must Have "Fair Opportunity" to Move for Certification
In Campbell-Ewald Co. v. Gomez (SCOTUS 1/21/16) (discussed here), the Supreme Court of the United States held that an unaccepted offer to satisfy the named plaintiff ’s individual claim does not render a putative class action moot. The Court did not decide the following issue: We need not, and do not, now decide whether…
Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing: Cal. Supreme Court Grants Review in Attorney Fee Arbitration Battle
Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co., Inc. (2016) 244 Cal.App.4th 590 is not an employment law case, but it raises an interesting arbitration issue that may end up having an impact on employment law practice. The California Supreme Court granted review on April 27, and the issues presented are listed as…