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Adam Y. SiegelBlog Posts

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California Court of Appeal Affirms Expense Reimbursement Award to Misclassified Employees

Four drivers who transported cargo from the Ports of Long Beach and Los Angeles were misclassified as independent contractors and subjected to illegal paycheck deductions, a California Court of Appeal has held.  Garcia et al. v. Seacon Logix, Inc., No. B248227 (July 16, 2015) (unpublished).  This case reiterates a simple, yet important principle of employment … Continue Reading
August 17, 2015

Precluding Plaintiffs in Separate Lawsuits from Observing One Another’s Depositions: An Uphill Battle

A recent discovery order from the United States District Court for the Northern District of California suggests that employers seeking to prevent plaintiffs with related lawsuits (i.e., separate lawsuits, but arising from the same circumstances) from sitting in on one another’s depositions, or reading one another’s deposition transcripts, will need to provide a “particular and … Continue reading Precluding Plaintiffs in Separate Lawsuits from Observing One Another’s Depositions: An Uphill Battle
November 11, 2014

California Court of Appeal Holds That Retired Employees Can Also Subject Employers to Waiting Time Penalties

On August 19, 2014, a California Court of Appeal held that the requirements of Labor Code sections 202 and 203 apply not only to employees who quit, but also to employees who retire.  In McLean v. State of California et al., No. C074515 (Cal. Aug. 19, 2014), the plaintiff filed a putative class action lawsuit … Continue reading California Court of Appeal Holds That Retired Employees Can Also Subject Employers to Waiting Time Penalties
August 28, 2014

Proposed Amendment to Labor Code: Three-Year Statute of Limitations on Liquidated Damages Claim for Failure to Pay Minimum Wage

Last week, California’s legislature submitted a bill for the Governor’s approval, Assembly Bill 2074, which would amend Labor Code section 1194.2 dealing with the provision of liquidated damages arising out of an employer’s failure to pay minimum wage. Employees who believe their employer did not pay them all of their wages may bring a civil … Continue reading Proposed Amendment to Labor Code: Three-Year Statute of Limitations on Liquidated Damages Claim for Failure to Pay Minimum Wage
August 13, 2014

California Construction Industry Must Prepare for an Increase in Safety Inspections

Employers in the construction industry throughout California must prepare for an increase in the number of California Occupational Safety and Health Administration (“Cal/OSHA”) inspectors who will check employers’ fall protection safety systems.  The increase in inspections is a response to the events that occurred between May 18 and May 21, 2014, when four construction workers … Continue reading California Construction Industry Must Prepare for an Increase in Safety Inspections
June 3, 2014

“Fairly Lenient Standard” Typically Results in Conditional Certification of FLSA Collective Actions

On May 22, 2014, a California District Court conditionally certified a nationwide collective action covering about 1,500 female employees of Daiichi Sankyo Inc. (“DSI”) who allege the drug company paid them less than their male peers, ruling that the plaintiffs had met the low evidentiary burden to move forward collectively. In SARA WELLENS, et al., … Continue reading “Fairly Lenient Standard” Typically Results in Conditional Certification of FLSA Collective Actions
May 28, 2014

Proposed Amendment to California’s Government Code Addresses Workplace Bullying; Would Require New Training on Abusive Conduct

On May 15, 2014, the California Assembly passed a proposed amendment to California’s statute governing sexual harassment training. Currently, the statute requires employers with 50 or more employees to ensure workplaces are free of sexual harassment by providing training to their supervisory employees at least once every two years.  Such training must include information regarding … Continue reading Proposed Amendment to California’s Government Code Addresses Workplace Bullying; Would Require New Training on Abusive Conduct
May 22, 2014

Spanish-Speaking Employees and English Arbitration Agreements

On April 21, 2014, a California Appellate Court held that an arbitration agreement is unconscionable and an employer cannot compel arbitration when the employer failed to translate the entirety of an English-language employment agreement containing an arbitration agreement, confidentiality clause, and enforceability provision for its Spanish-speaking employees. In Esteban H. Carmona et al. v. Lincoln … Continue reading Spanish-Speaking Employees and English Arbitration Agreements
May 15, 2014

Evidence of Poor Employee Performance May Not Be Enough to Defeat Discrimination Claims on Summary Judgment

On January 31, 2014, a California Appellate Court reversed an employer’s summary judgment despite well documented evidence of the employee’s history of poor performance.  This decision—Cheal v. El Camino Hospital (No. HO36548)—addresses a pivotal question for employers: when can employers legitimately terminate a protected employee because of poor performance? At the age of 61, Plaintiff … Continue reading Evidence of Poor Employee Performance May Not Be Enough to Defeat Discrimination Claims on Summary Judgment
May 13, 2014

Proposed Amendment to Labor Code Section 226 Could Permit Employers to Recover Attorneys’ Fees

California Labor Code section 226 requires employers to provide accurate wage statements, and enumerates specific requirements for such wage statements.  The statute also provides for penalties should an employer violate section 226, and allows a prevailing employee to recover attorneys’ fees in connection with prosecuting claims for alleged wage statement violations. On May 6, 2014, … Continue reading Proposed Amendment to Labor Code Section 226 Could Permit Employers to Recover Attorneys’ Fees
May 8, 2014

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