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Tag: PAGA

Employers can chargeback an advance that never became a commissionable sale

Posted on July 21, 2012February 12, 2014 by Ashish Gautam Posted in Labor Code Private Attorneys General Act (PAGA), Unpaid Wages Tagged advance commission, minimum wages, PAGA, Verizon

Deleon v. Verizon Wireless, LLC (2012) 207 Cal.App.4th 800, 143 Cal.Rptr.3d 810 Background: Plaintiff Saul Deleon, a retail sales representative, on behalf of himself and other aggrieved employees, filed a complaint against Defendant AirTouch Cellular doing business as Verizon Wireless […]

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Court of Appeal upholds class action and PAGA waiver in Employment Arbitration Agreements. Holds Concepcion invalidates Gentry

Posted on June 26, 2012February 12, 2014 by Ashish Gautam Posted in Attorney fees, Business and Professions Code section 17200, Class Action, Labor Code Private Attorneys General Act (PAGA), Preemption Tagged arbitration agreements, Concepcion decision, Gentry decision, Iskanian decision, PAGA, waiver

Iskanian v. CLS Transp. Los Angeles, LLC (2012) 206 Cal.App.4th 949, 142 Cal.Rptr.3d 372 Background: Plaintiff, Arshavir Iskanian, worked as a driver for defendant CLS Transportation Los Angeles, LLC (CLS). During his employment, Plaintiff signed a Proprietary Information and Arbitration […]

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Unpaid Wages under Section 558 can be recovered as a penalty; IWC wage order provision should be “enabled” by a statute to bring a private right of action; PAGA penalties for rest break violations can be collected under Section 558; Court may upon discretion, reduce the amount of a civil penalty

Posted on March 16, 2012February 12, 2014 by Ashish Gautam Posted in Labor Code Private Attorneys General Act (PAGA), Meal Periods, Rest Periods, Unpaid Wages Tagged Meal Periods, PAGA, Rest Periods, Section 558, Thurman, Unpaid Wages

Thurman v. Bayshore Transit Management, Inc. 203 Cal.App.4th 1112, 138 Cal.Rptr.3d 130 Background: In January 2004, Amalgamated Transit Union, filed a representative action on behalf of its member bus drivers who worked in and around National City, California, alleging that […]

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Recent Posts

  • Supreme Court permits state wide discovery of employee’s contact information in PAGA Representative Actions
  • Supreme Court says “no” to on-call rest periods.
  • $15 Million settlement in only PAGA action for suitable seating.
  • An employer is only liable to pay a premium for “overtime work” as defined in CBA and not Section 510
  • New Amended Section 218.5 restricts recovery for attorney fees by prevailing employer only to claims brought in bad faith

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Anti-Wage-Theft arbitration agreements Attorney's fees Attorney fees Autozone Brinker decision California New Employment Laws 2012 church class certification Commission Agreements Concepcion decision Credit Check Credit Report Damages FEHA Gender Expression Gender Identity Genetic Discrimination Gentry decision Independent Contractor Insurance Agents Meal Periods Michelle Maykin Memorial Donation Protection Act minimum wages Misclassification non-profit non-resident employees in california Oracle Organ and Bone Marrow Donor Leave overtime PAGA preemption Pregnancy Leave religious associations religious exemption Rest Periods Section 558 section 1194 Sexual Harassment sick leave Thurman truck drivers Unpaid Wages waiver wrongful termination

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