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Tag Archives: class action

Employer’s Rounding Policy Upheld and Employees Lose Their Class Action & PAGA Lawsuit

Posted in Labor Law, Wage & Hour

 On December 10, 2018, the Fourth Appellate Court decision in Kennedy Donohue v.  AMN Services, LLC  (“AMN”) was certified for publication and it brings good news for California employers who use a neutral rounding timekeeping system. The case involved a class action and PAGA action brought by Ms. Donohue on behalf of nurse recruiters who… Continue Reading

Don’t Throw Out Your Class-Action Waivers Just Yet

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

The United States Supreme Court decided last week to resolve a split in the lower courts as to whether the National Labor Relations Act (“Act”) preempts class-action waiver clauses in arbitration agreements between employers and their employees.  This is an important development, as the use of such waivers in arbitration agreements (if permissible) can drastically… Continue Reading

Ninth Circuit Weighs In On Class Action Waivers

Posted in Employment Contracts and Agreements

A new decision from the U.S. Court of Appeals for the Ninth Circuit continues to leave employers uncertain as to the enforceability of class action waivers in arbitration agreements.  The Seventh and Ninth Circuits are on one side of the issue, and the Second, Fifth, Eighth, and Eleventh Circuits on the other.  The Seventh and… Continue Reading

Warning! Know Your Payroll Service Contract!

Posted in Employment Contracts and Agreements, Labor Law, Wage & Hour

Many – maybe even most – contracts issued by major payroll processing services contain traps for the unwary. Many employers I speak with turn over all payroll processing responsibilities, including issuance of accurate checks and wage statements and record storage, to their payroll processing service. This may be a big mistake. When faced with an… Continue Reading

California Class Actions: Great Decision in “Off-The-Clock” Claim

Posted in Labor Law, Wage & Hour

A recent California Court of Appeal upheld the trial court’s order granting defendant’s pre-certification motion for summary judgment against off-the-clock class claims made by the named plaintiff in a putative class action.  The case is named Jong v. Kaiser Foundation Health Plan, Inc., Case No. A138725, ___ Cal. App. 4th __,  (Cal. App. 1st Dist. 5/20/2014)… Continue Reading

The EEOC Is Now Officially An Employee Side Employment Law Firm

Posted in Labor Law

For years, California’s employers have suspected that the EEOC is not the neutral investigative agency it holds itself out to be. Through the process of dealing with recalcitrant advocates, err investigators, employers know all too well that often times the EEOC seems to be on a mission that is anything but a straight forward fact… Continue Reading

Summer Seminar Series for Restaurants

Posted in Labor Law

Join Weintraub Tobin’s attorneys in connection with the California Restaurant Association and Leavitt Group in their Summer Seminar Series for Restaurants where they will examine the issues facing employers in the restaurant industry, health care reform and group captive alternatives. Dates: Tuesday, July 30, 2013 Claremont Resort, Berkeley, CA Wednesday, July 31, 2013 Sutter Club,… Continue Reading

Make Sure to Review Federal Exemptions When Fighting Class Actions in California: Court Finds Truck Route Drivers’ Break Claims Preempted By FAAAA

Posted in Wage & Hour

Countless employers have now been faced with class action litigation, making claims for various deviations from the California Labor Code. Many times employers will face these head on with evidence that the claims made by one former employee are not sufficiently common to a substantial number of other past and current employees to merit class… Continue Reading