If an employee signs an agreement waiving the right to file suit against an employer, the employee may think he or she is barred from filing a PAGA lawsuit. However, that’s not the case. Public policy makes agreements not to sue unenforceable when it comes to suits under California’s Labor Code Private Attorneys General Act… Read More
On February 1, 2020, an employee of Spotify brought a class action lawsuit against the music company for reclassifying his employment status without notifying him. The plaintiff, Matthew Elias, was employed with Spotify for two years. He alleges that Spotify classified him as a non-exempt employee from July 2016 to July 2018, but then reclassified… Read More
What Is PAGA? What is PAGA? That’s a common question that employees and employers have.Essentially, the Private Attorneys General Act (PAGA) allows an employee to file a claim against their employer if the employer violated employment law. We’ll discuss PAGA in depth here. Who Does PAGA Cover? Under PAGA, an “aggrieved” employee—who is defined as… Read More
PAGA, or the Private Attorneys General Act allows an employee to file a claim against their employer if the employer violated employment law What is PAGA? That’s a common question that employees and employers have. We’ll discuss PAGA in-depth here. Who Does PAGA Cover? Under PAGA, an “aggrieved” employee—who is defined as any current or… Read More
If you are considering bringing this type of legal action, you may be wondering: What is the average lawsuit settlement for wrongful termination? An employee who was unlawfully fired or laid off may be entitled to financial compensation and/or equitable relief through a wrongful termination lawsuit. This is a complicated question; there is no true… Read More
What is a California Exempt Employee? Exempt employees are those that are exempt from California and federal laws governing minimum wage, overtime, and lunch/break time. Under California law, three requirements determine whether an employee is exempt: minimum salary, white-collar duties, and independent judgment. If you suspect that you are non-exempt and are being treated unfairly,… Read More
On February 13, 2020, the Ninth Circuit of the Supreme Court of California ordered Apple to pay lost wages to employees who had to wait up to 45 minutes for bag checks before leaving work. The court order, submitted by Judge Tani Cantil-Sakauye, comes after a nearly seven-year battle between two employees and the tech… Read More
Hourly employees — those who are paid an hourly wage for their services — are an important part of the American economy. According to data provided by the Bureau of Labor Statistics (BLS), approximately 58 percent of our country’s workforce is paid on an hourly basis. There are very are important regulations, including the Fair… Read More
Imagine that you are scheduled to work a standard eight-hour shift this coming Friday — you are supposed to get the office by 9:00 AM and leave at 5:00 PM. However, when you arrive, your supervisor tells you that you are no longer needed and you are sent home without ever clocking in. For obvious… Read More
Unfortunately, mass layoffs happen. Although California’s labor laws cannot save a financially distressed company, the state has put into place important regulations to help protect some vulnerable employees. The California WARN Act — the Worker Adjustment and Retraining Notification Act — requires many mid-sized and large companies that are planning mass layoffs to give sufficient… Read More