Labor CodeMeal PeriodsPremium PayPrivate Attorneys General Act (PAGA)Rest BreaksWages & Overtime Law February 28, 2023 Naranjo v. Spectrum Security Services, Inc. (CA2/4 B256232A opn. on remand 2/27/23) Premium Pay In California, if an employer unlawfully makes an employee work during all or part of… joeroselaw Love7
ArbitrationLabor CodePrivate Attorneys General Act (PAGA) February 26, 2023 Galarsa v. Dolgen California, LLC (CA5 F082404A 2/24/23) Arbitration | Post-Viking River Cruises Plaintiff Tricia Galarsa sued her former employer, Dolgen California, LLC (Dollar General), to recover civil… joeroselaw Love6
Healthy Families Act February 25, 2023 Wood v. Kaiser Foundation Hospitals (CA4/1 D079528 2/24/23) Healthy Workplaces, Healthy Families Act | Lab. Code § 248.59(e) Statutory Interpretation The judiciary’s responsibility to interpret statutes often places courts in the position of trying to… joeroselaw Love2
ArbitrationFederal Arbitration Act (FAA)Private Attorneys General Act (PAGA) June 15, 2022 Viking River Cruises, Inc. v. Moriana (US 20–1573 6/15/22) FAA Preemption/PAGA The question for decision is whether the Federal Arbitration Act, 9 U. S. C. §1… joeroselaw Love6
Attorney's FeesFair Employment and Housing Act (FEHA) January 22, 2022 Vines v. O’Reilly Auto Enterprises, LLC (CA2/7 B301000 1/21/22) FEHA/Attorney Fees Renee Vines sued his former employer O’Reilly Auto Enterprises, LLC for violations of the Fair… joeroselaw Love17
Occupational Health and Safety AdministrationRetaliationWhistleblower RetaliationWrongful Termination January 14, 2022 Armstrong v. Reynolds (9th Cir. 20-15256 1/13/21) Nevada Whistleblower Retaliation The panel affirmed in part and reversed in part the district court’s dismissal of plaintiff’s… joeroselaw Love28
Occupational Health and Safety Administration January 13, 2022 Biden v. Missouri (US 21A240 and 21A241 per curiam 1/13/22) Health Care Workers COVID-10 Vaccine Rules PER CURIAM. The Secretary of Health and Human Services administers the Medicare and Medicaid programs,… joeroselaw Love13
Occupational Health and Safety Administration January 13, 2022 National Federation of Independent Business v. OSHA (US 21A244 and 21A247 per curiam 1/13/22) Private Employment COVID-19 Vaccine or Testing Rules PER CURIAM. The Secretary of Labor, acting through the Occupational Safety and Health Administration, recently… joeroselaw Love13
Occupational Health and Safety Administration January 13, 2022 Western Growers Assn. v. Occupational Safety & Health Stds. Bd. (CA1/1 A162343, filed 12/21/21, pub. ord. 1/12/22) Cal/OSHA ETS COVID-19 Western Growers Association, California Farm Bureau Federation, California Business Roundtable, Grower-Shipper Association of Central California,… joeroselaw Love13
Constitutional Law January 8, 2022 Biden v. Missouri (21A240) and Becerra v. Louisiana (21A241) COVID-19 Vaccines/Healthcare Workers Whether the Biden administration can enforce nationwide a rule that requires all health care workers… joeroselaw Love12