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Scott C. LacunzaBlog Posts

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California Supreme Court Hears Oral Argument on Whether a Settling Employee is an “Aggrieved Employee” for Purposes of Proceeding with a Claim under the Private Attorneys General Act

In Kim v. Reins International California, Inc. 18 Cal.App.5th 1052 (2017), the California Court of Appeal for the Second Appellate District held an employee-plaintiff that settled and dismissed his individual claims was no longer an “aggrieved employee” for purposes of standing to bring a claim for civil penalties under the Private Attorneys General Act (“PAGA”).... Continue Reading
January 8, 2020

What’s Left of the De Minimis Doctrine in California? Ninth Circuit Court of Appeals May Soon Decide

Last year, the California Supreme Court held the federal “de minimis” doctrine does not apply to California state law claims for unpaid wages for off-the-clock work allegedly performed on a regularly occurring basis in store closing and related activities. Troester v. Starbucks Corp., 5 Cal. 5th 829. However, the California Supreme Court also noted that...… Continue Reading The post What’s Left of the De Minimis Doctrine in California? Ninth Circuit Court of Appeals May Soon Decide appeared first on California Workplace Law Blog.
June 25, 2019

California Construction Industry Could Avoid Big Civil Penalties Claims: Union Employers Should Review the New Collective Bargaining Exemption to Potential PAGA Claims

Unionized employers in the construction industry can potentially receive some well-needed relief from California’s Labor Code Private Attorneys General Act of 2004 (Labor Code Section 2698 et seq.), known as “PAGA,” in light of the Governor signing AB 1654. Unionized employers in California must review their collective bargaining agreements and evaluate whether they can take...… Continue Reading The post California Construction Industry Could Avoid Big Civil Penalties Claims: Union Employers Should Review the New Collective Bargaining Exemption to Potential PAGA Claims appeared first on California Workplace Law Blog.
October 5, 2018