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Searching Content indexed under Litigation, Mediation & Arbitration by Anthony Oncidi ordered by Published Date Descending.
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California Employment Law Notes - September 20, 2019
California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes OTO, LLC v. Kho, 2019 WL 4065524 (Cal. S. Ct. 2019)
United States
25 Sep 2019
2
California Supreme Court Hands Employers A Rare Victory, Trims Bloated PAGA Claims
Essentially, Plaintiffs have been seeking the same recovery they otherwise would have obtained through a class action.
United States
23 Sep 2019
3
California Employment Law Notes - September 2019 Edition
In the most recent chapter of the ongoing saga regarding the enforceability of arbitration agreements in California, the California Supreme Court ...
United States
20 Sep 2019
4
California Employee Is Compelled To Litigate His Employment Claims In Indiana
Jerome Nedd was employed by Ryze Claim Solutions in El Cerrito, California for almost three years before his employment was terminated, resulting in his filing claims against Ryze for wrongful termination...
United States
31 May 2019
5
Strict Independent Contractor Test Applies Retroactively
Last year, the California Supreme Court in Dynamex Ops. W. Inc. v. Superior Court, 4 Cal. 5th 903 (2018), adopted the so-called "ABC test" for determining whether a worker is an employee or independent contractor...
United States
31 May 2019
6
9th Circuit Applies Strict Independent Contractor Test, Dynamex, Retroactively
Last year, we questioned whether California's new restrictions on independent contractors would apply retroactively.
United States
17 May 2019
7
Successive Class Action May Be Barred By Statute Of Limitations
Jorge Fierro filed this class action, claiming that he and the other members of the putative class were misclassified as exempt employees and that, in fact, they were non-exempt ...
United States
4 Apr 2019
8
Court Should Not Have Denied Certification Of Class Of Drivers Seeking Wage & Hour Remedies
The trial court denied plaintiffs' motion for class certification of a putative class consisting of employees who worked as drivers transporting milk within California.
United States
4 Apr 2019
9
PAGA Penalties Must Be Shared With All Aggrieved Employees
David Moorer, who worked as a full-time security guard and "lobby ambassador" for Noble, filed a complaint as an individual and on behalf of all aggrieved employees ...
United States
4 Apr 2019
10
Payroll Company Not Liable To Employee For Negligence Or Breach Of Contract
Sharmalene Goonewardene alleged claims against ADP (the payroll company used by her employer, Altour International Inc.) ...
United States
4 Apr 2019
11
$300 Unpaid Wage Claim Results In Additional $57,000 Award To Employee
Anthony Stratton filed a claim against Thomas Beck with the labor commissioner for unpaid wages in the amount of $303.55.
United States
4 Apr 2019
12
Employer Violated FCRA With Improper Background Check Notice
While applying for employment with CheckSmart Financial, LLC, Desiree Gilberg signed a "Disclosure Regarding Background Investigation," which resulted in Gilberg's filing a putative class action against CheckSmart...
United States
3 Apr 2019
13
Former Accountant Could Proceed With Whistleblower Lawsuit
Says Siri alleged she was terminated as the general ledger staff accountant for Sutter Home Winery in retaliation for having notified the state Board of Equalization and Sutter's general counsel in writing...
United States
3 Apr 2019
14
Damages May Not Be Denied To Employee Based Upon His "Imprecise Testimony"
Terry Furry worked as a sales and marketing director for the East Bay Express (a weekly newspaper based in Oakland) and alleged that East Bay failed to pay minimum and overtime wages ...
United States
2 Apr 2019
15
Caregiver May Not Have Been Independent Contractor Under DWBR
Nichelle Duffey sued Tender Heart Home Care Agency for employment-related wage and hour claims such as unpaid overtime under the California Domestic Worker Bill of Rights ...
United States
2 Apr 2019
16
California Legislature Tries Yet Again To Outlaw Arbitration Agreements…
There they go again! As we predicted last November, the California legislature is once again trying to outlaw arbitration agreements between employers and employees
United States
2 Apr 2019
17
On-Call Employees Who Must Call In Should Receive Reporting-Time Pay
Skylar Ward challenged by way of this putative class action the on-call scheduling practices of her former employer, Tilly's, Inc., as violating the reporting time pay requirements of California law.
United States
2 Apr 2019
18
California Employment Law Notes - March 2019
After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the employment of Glenn Symmonds (the band's drummer) ...
United States
21 Mar 2019
19
California Class Actions And PAGA ("Prettymuch All Is Going To The Attorneys") Claims Continue To Overwhelm The State
We have reported before about the huge jury verdicts that get handed out in California with alarming regularity and California's sustained #1 ranking as the "Top Judicial Hellhole" in the nation.
United States
8 Feb 2019
20
California Employment Law Notes - January 2019
Kristen Biel was fired from her fifth grade teaching position at St. James Catholic School after she told the school ...
United States
11 Jan 2019
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