In a case of first impression, in Bright v. 99¢ Only Stores, the California Court of Appeal held an employee may seek Private Attorney General Act ("PAGA") penalties for alleged violations of an Industrial Welfare Commission ("IWC") wage order requirement that employers provide employees suitable seats in the workplace when the nature of the work reasonably permits the use of seats. The court rejected the ...
On November 8, 2010, the firm was successful in defeating a motion for class certification and was able to obtain an order striking the class allegations of the complaint pending in the San Bernardino County Superior Court. Tom Kovacich argued the motion on behalf of the employer, VCI Telcom, Inc. The complaint alleged a menu of wage and hour violations, including underpayment of prevailing wages and sought to ...
Adding to the body of case law that has been developed pending the Supreme Court's decision in the Brinker Restaurant case, a California appellate last week sided with the employer's arguments they need only “provide” meal periods under state law and not “ensure” that they are taken. The court in Hernandez v. Chipotle Mexican Grill accordingly upheld an order denying certification of a proposed meal ...
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