class actions

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Summary of Program:

Wage and hour lawsuits and claims filed with the Department of Labor and the California Labor Commissioner continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations. Other times, employers make the mistake of treating an employee as exempt from Wage Orders and Labor Code laws, when in fact the employee does not qualify.

This seminar will help employers understand and comply with wage and hour laws in California.  In addition, this seminar will help employers, HR professionals, supervisors, and payroll managers gain a more thorough understanding of the various exemptions available under California law and learn how to conduct a legally strong exemption analysis.
Continue Reading Pay Correctly Now or Pay More Later: All You Need to Know About Wage and Hour Laws

Brenden Begley_retouchIt is no secret that arbitration agreements may greatly reduce the risks that many employers face in disputes with employees.  For example, when used correctly, such agreements can curb exposure to class actions by forcing employees to arbitrate disputes on an individual basis instead of a class basis.  See, e.g., Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal.4th 348 (2014).

However, when such an agreement either contains certain language or fails to include other language, it may result in a class action or a representative action being litigated in front of an arbitrator instead of a court.  This can be problematic for many reasons, not the least of which is that an arbitrator’s hourly charges typically are paid by the employer – and those fees can add up quickly in a complicated matter involving numerous parties.

Thus, instead of decreasing the cost of defending a class action or a representative action, a poorly drafted arbitration agreement could result in greatly escalating such costs.   A pair of recent decisions from the California Court of Appeal for the Fourth Appellate District (in San Diego) underscore the need for employers to use great care in drafting such agreements to avoid such outcomes.
Continue Reading Arbitration Agreements Can Backfire on Employers

On May 29, 2014, the California Supreme Court in Duran v. U.S. Bank National Association clarified employers’ rights in defending against employee misclassification class action cases. The Court held that in defending against such claims, employers must be permitted to present relevant defenses, even if such defenses involve individual issues. The Court’s analysis should have…

“Suitable seating” class actions have been on the rise in the last couple of years in California. The first “suitable seating” class action is currently under review by a trial judge in San Francisco. However, in the meantime, the Ninth Circuit has decided to consider a related case against Wal-Mart, where plaintiffs’ attorneys are claiming…