Insights

The Court of Appeal, Third Appellate District, recently clarified that a common law tort action under Tameny for employer conduct in violation of public policy requires an employment relationship.  In Williams v. Sacramento River Cats Baseball Club, LLC, 40 Cal. App. 5th 280 (2019), plaintiff Wilfert Williams filed a common law tort action against the […]

The Court of Appeal, Second Appellate District, recently issued an opinion illustrating the burden of proof in a whistleblower retaliation case.  In Hawkins v. City of L.A., 40 Cal. App. 5th 384 (2019), the court affirmed a jury verdict for plaintiff whistleblowers against the City of Los Angeles, finding that the plaintiffs had presented a

The Court of Appeal, Fourth Appellate District, recently issued an opinion clarifying the appropriate test for whether or not a person is an “employee” or an “independent contractor” in the context of a wage order claim.  In Garcia v. Border Transportation Group, LLC, 28 Cal. App. 5th 558 (2018), plaintiff Jesus Garcia (“Garcia”) was a

The 9th Circuit decided in Rizo v. Yovino, 2018 U.S. App. LEXIS 8882, that prior salaries are not “factors other than sex” to justify a pay differential between men and women. In Rizo v. Yovino, The Court, en banc, addressed the application of “prior salaries” as applied to the Equal Pay Act. The plaintiff in

The Court of Appeal, First Appellate District, recently issued an opinion clarifying the extent of the duty an employer owes to ensure its employees take their meal breaks. In Serrano v. Aerotek, Inc. (Mar. 9, 2018, No. A149187) ___Cal.App.5th___ [2018 Cal. App. LEXIS 243], the plaintiff Serrano was an employee of defendant Aerotek, Inc., a

The Court of Appeal, Second District, recently clarified what constitutes adequate notice to the California Labor and Workforce Development Agency (LWDA) in order to assert a PAGA claim. In Khan v. Dunn-Edwards Corp. (2018) 19 Cal.App.5th 804, plaintiff brought a lawsuit for paystub violations. Pending the litigation, he sent the required notice which stated it

Coming out of the California Court of Appeal, Fourth Appellate District, Division Two, the Court of Appeal determined in Bustos v. Global P.E.T., Inc. (Dec. 22, 2017, No. E065869) 2017 Cal. App. LEXIS 1168, that the trial court appropriately exercised its discretion when it denied the plaintiff’s request for attorney fees even though the jury

The California Court of Appeal continues to favor class certification in the recent ABM Industries Overtime Cases ___Cal.App.5th___ [2017 Cal. App. LEXIS 1165] coming out of the First District, Division Four, published January 10, 2018. This trend will continue to be costly for businesses to defend class action claims. In ABM Industries, the Court of

RRB’s Timothy Reuben and Michael Hirota’s article “High Court Not Looking Good For Employers” is published in the Los Angeles Daily Journal on May 13, 2015.

RRB’s Timothy Reuben and Michael Hirota’s article “Muddied Waters on Unconscionable Arbitration Agreements” is published in the Los Angeles Daily Journal on April 1, 2015.