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 action treatment. Other times, employers argue the plaintiff’s allegations don’t demonstrate a uniform set of facts such that the Court would be able to decide a single legal question that would be applicable to an entire class. However, before dealing with these issues head on, California employers should always look beyond our borders to see if Federal law preempts the California Labor Code.
Continue Reading Make Sure to Review Federal Exemptions When Fighting Class Actions in California: Court Finds Truck Route Drivers’ Break Claims Preempted By FAAAA

The State of California Signed an MOU with the Federal Department of Labor Together They Will Locate and Punish Those Who Misclassify Independent Contractors

By: Lizbeth V. West, Esq.

In my November 4, 2011 post, I discussed a new California law (Labor Code § 226.8) that imposes serious monetary fines and other sanctions against those who willfully misclassify workers as “independent contractors” rather than “employees.” Those who violate the law can find themselves paying up to $15,000 per violation and up to $25,000 if there is a pattern and practice of misclassification. Also, if the violator is a licensed business, it runs the risk of having its license revoked. Finally, the law provides for publication of a notice to employees and the general public for a period of one year, stating that the violator committed a serious violation of the law.Continue Reading Employers Beware – The Crackdown Continues

By:       Scott M. Plamondon

UPDATED 12/21/2011: Based on the date on which the case was submitted at oral argument, the California Supreme Court was required to render a decision in this matter on or before February 6, 2012. On December 2, 2011, however, the Supreme Court agreed to accept additional briefing regarding whether its decision will be applied retroactively. The additional briefing likely will cause the Court’s decision to be delayed. Based on the current briefing schedule it appears that we could be waiting for a decision until April 2012.

Original Post:  

On November 8, 2011, the California Supreme Court heard oral argument in Brinker Restaurant Corp. v. Superior Court of San Diego County (“Brinker”). As you probably know, the Brinker case has been pending before the California Supreme Court since October 22, 2008. Now, by hearing oral argument on this case, the California Supreme Court has effectively signaled that it will publish a decision within the next 90 days.Continue Reading UPDATED! Brinker: The Wait Is Almost Over