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Hazel U. PoeiBlog Posts

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  • Ninth Circuit Upholds Arbitration for Non-Signatory Defendant

    California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion to compel arbitration by a non-signatory to an arbitration agreement based on California law. Read the full article on Jackson Lewis Litigators... Continue Reading
    June 7, 2021
  • Ninth Circuit Upholds Arbitration for Non-Signatory Defendant

    California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion to compel arbitration by a non-signatory to an arbitration agreement based on California law. Isabelle Franklin was employed by a staffing...… Continue Reading
    June 7, 2021
  • Kin Care Law Amended to Permit Employees to Designate Sick Days as Kin Care or Personal Sick Leave

    On September 28, 2020, Governor Newsom signed Assembly Bill 2017, which revises Labor Code § 233 (also known as the “Kin Care” law) to provide that an employee has the right to designate sick leave as for kin care; or for the employee’s own health condition or for obtaining relief if the employee is a... Continue Reading
    September 29, 2020
  • Meal and Rest Break Premiums Payable at Base Rate, Not Regular Rate of Pay

    A California state appellate court has ruled that the correct rate for paying meal and rest period premiums is one hour of pay at an employee’s base hourly rate, not the regular rate of pay used for calculating overtime wages. This is the first published California case to make this distinction. Pursuant to § 226.7... Continue Reading
    November 5, 2019
  • DLSE Says: Under Wage Order 5, On Duty Meal Periods Must Be At Least 30 Minutes in Length

    By way of background, in Palacio v. Jan & Gail’s Care Homes, Inc. (2015) 242 Cal.App.4th 1133, the Fifth District Court of Appeal considered the interplay between subdivisions 11(A) and 11(E) of Wage Order No. 5. Subdivision 11(A) allows employers and employees to agree that meal periods will be on duty and to revoke these...… Continue Reading The post DLSE Says: Under Wage Order 5, On Duty Meal Periods Must Be At Least 30 Minutes in Length appeared first on California Workplace Law Blog.
    August 28, 2019
  • California Supreme Court Holds that Plaintiffs Cannot Utilize Conversion Claims to Recover Unpaid Wages

    The California Supreme Court recently held that the tort claim of conversion is not an appropriate vehicle for plaintiffs seeking recovery of unpaid wages. In Voris v. Lampert (Cal. 2019) Case No. S241812, the plaintiff brought suit against three start-up ventures and two individual defendants to recover wages which had been promised to the plaintiff...… Continue Reading The post California Supreme Court Holds that Plaintiffs Cannot Utilize Conversion Claims to Recover Unpaid Wages appeared first on California Workplace Law Blog.
    August 27, 2019
  • Ninth Circuit Asks California Supreme Court: Is Absence of a Formal Meal and Rest Break Policy a Violation of California Law?

    In Brinker Rest. Corp. v. Superior Court (Cal. 2012) 273 P.3d 513, the California Supreme Court explained that an employer must relieve the employee of all duty for the designated meal period, but need not ensure that the employee does not work. In other words, no policing of meal breaks by the employer is required;...… Continue Reading The post Ninth Circuit Asks California Supreme Court: Is Absence of a Formal Meal and Rest Break Policy a Violation of California Law? appeared first on California Workplace Law Blog.
    August 6, 2019
  • Looking Back and Looking Forward: Retroactivity and Expansion of the California Independent Contractor Test

    In April 2018, the California Supreme Court issued its ruling in Dynamex Operations West v. Superior Court (2018) 4 Cal. 5th 903, 916-17 and set forth the standards for determining independent contractor status for purposes of the California Industrial Welfare Commission Wage Orders. The Court presumed that a worker is an employee unless he or...… Continue Reading The post Looking Back and Looking Forward: Retroactivity and Expansion of the California Independent Contractor Test appeared first on California Workplace Law Blog.
    May 28, 2019
  • Federal Law Preempts California’s Meal and Rest Break Laws for Commercial Drivers

    Judge George H. Wu of the United States District Court for the Central District of California recently dismissed meal and rest break claims brought under the California Labor Code in a class action against motor carrier U.S. Xpress. Click here to access our California Workplace Law blog discussing this important issue.… Continue Reading
    May 23, 2019
  • Federal Law Preempts California’s Meal and Rest Break Laws for Commercial Drivers

    Judge George H. Wu of the United States District Court for the Central District of California recently dismissed meal and rest break claims brought under the California Labor Code in a class action against motor carrier U.S. Xpress. In Anthony Ayala v. U.S. Xpress Enterprises, Inc. et al, Judge Wu granted U.S. Xpress’ motion for...… Continue Reading The post Federal Law Preempts California’s Meal and Rest Break Laws for Commercial Drivers appeared first on California Workplace Law Blog.
    May 22, 2019

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