The PRO Act Pitfall
On April 28, before a Joint Session of Congress, President Biden said many things. Included in his address was, “Good guys and women on Wall Street, but Wall Street didn’t …
Tagged in: PAGA
Mind the Reporting Requirements Gap
January 1st brought with it a host of new laws from the California Legislature. One of these was Assembly Bill 685 (Reyes). AB 685 requires certain notice and reporting requirements …
Amazon’s COVID-19 Safety Practices Investigated
Court filings in an Amazon employee’s workplace safety lawsuit reveal that three agencies at the state and local level are actively investigating working conditions at the company’s San Francisco fulfillment center. The lawsuit alleges the company is failing to protect warehouse workers from COVID-19. Chiomi Brent, an order “picker” at the warehouse that supplies groceries …
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California Supreme Court Opines On PAGA Claims
A California worker at the head of a private attorneys general act (PAGA) class action case alleging widespread underpayment of wages can continue to pursue the case even though he settled his individual claim, says the California Supreme Court. In a case of first impression, the justices held that “settlement of individual claims does not …
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PAGA, Comp, Classification Issues Dominate Labor Secretary’s Confirmation Hearing
Gov. Gavin Newsom’s appointment of Julie Su to be California’s next Secretary of Labor and Workforce Development received wide-ranging support from labor and business interests at her confirmation hearing before the Senate Rules Committee. The Labor Commissioner faced questioning from committee members about the state’s Private Attorneys General Act (PAGA), employee classifications in a post-Dynamex …
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Plaintiff Fails In PAGA Misclassification Suit
The GrubHub food delivery service successfully rebuffed a private attorney general action (PAGA) lawsuit claiming that it was misclassifying its drivers as independent contractors rather than employees. A federal court in San Francisco rejected the purported class action filed by lawyers for Raef Lawson, a former Grubhub driver. The Court found that Grubhub did not …
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Is a PEO a Co-Employer or Not?
In an interesting case, a professional employer organization (PEO) has been dismissed from a federal class-action lawsuit seeking unpaid wages after the court found that Peoplease LLC was not the employee’s employer for Fair Labor Standards Act (FSLA) purposes. The decision leaves North Star Gas, the ‘underlying employer’ as the sole employer defendant, although the …
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