On January 5 ,2018, the Labor Commissioner served Orders, Decisions or Awards in claims of overtime, liquidated damages and penalties by seven caregivers against two limited liability companies and an individual, who was the manager of the LLCs. After a two-day hearing, the Labor Commissioner awarded over $2.5M to the…
On July 3, 2017, the Court of Appeals issued its opinion AFFIRMING the District Court’s order denying The Finish Line, Inc.’s motion to compel arbitration. The text of the opinion is as follows: MEMORANDUM (This disposition is not appropriate for publication and is not precedent except as provided by…
On December 22, 2016, the California Supreme Court in AUGUSTUS v. ABM SECURITY SERVICES, INC., dealt another severe blow to employers in rest period cases: “What we conclude is that state law prohibits on-duty and on-call rest periods. During required rest periods, employers must relieve their employees of all duties…
On October 11, 2015, the Governor signed into law SB 588, which added Labor Code §238 and went into effect January 1, 2016. If a final judgment against an employer arising from the employer’s nonpayment of wages remains unsatisfied for 90 days, an employer is prohibited from continuing to conduct…
On November 4, 2016, a DLSE hearing officer awarded over $27,000.00 in overtime wage, liquidated damages, penalties and interest to a caregiver who worked 4 days per week for less than 4 months. At the outset, Vancouver Home LLC claimed that the employee was not even an employee. Yeah right. …
Well, looks like The Finish Line, Inc. was not satisfied with the Court’s order and has appealed it to the 9th Circuit. Perhaps the issue will be “Is Armendariz still good law, in light of Concepcion.” Stay tuned!
I have seen some arbitration agreements that seem reasonable and then some that are outright abominable. The Finish Line, Inc.’s arbitration agreement, that an employee submits to just by the fact of applying for or being employed by the company (you don’t need to sign to manifest consent), is on…
In a recent case before the First District Court of Appeal, Allan Villanueva briefed and argued the issue of whether a “Mutual Agreement to Arbitrate Claims” was unconscionable and therefore unenforceable. On May 15, 2014, the Court held in Tiri v. Lucky Chances, Inc. “the trial court lacked the authority…
I am often asked whether an undocumented worker can seek from his or her employer compensation for minimum wage, overtime wage, meal and rest break violations. Under California Law, the short answer is “YES!” “All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal…
The Law Office of Allan Villanueva representing two plaintiffs in an age discrimination case prevailed on October 9, 2013, in a Motion for Summary Judgment brought by one of the largest retailers in the US. Plaintiffs who were cashiers at defendant were terminated for what defendant believed was a misuse…