• Posts by Lauren Gafa
    Posts by Lauren Gafa
    Senior Associate

    Lauren S. Gafa is an associate in the Commercial and Complex Litigation Practice Group. She works with many clients in a variety of industries including entertainment and media, environmental, financial services, life sciences ...

In response to the COVID-19 pandemic, California passed the “Right to Recall” law, which requires employers in the building services and hospitality industries to offer laid-off employees an opportunity to be rehired before hiring a new employee to fill the position.  Now that most businesses and companies are ramping back up and returning to work, employers covered by the Right to Recall law must ensure compliance with California’s recall requirements or face steep penalties. 

In Magadia v. Wal-mart Associates, Inc., et al., No. 19-16184, 2021 WL 2176584 (9th Cir. May 28, 2021), the Ninth Circuit Court of Appeal reversed the district court’s award of $102 million to an employee who sued the company alleging that he and other employees did not receive compliant wage statements or meal periods.  Unlike the district court, the Ninth Circuit found that the former employee who sued Walmart had suffered no meal period violations, and thus the employee had no standing to sue on behalf of others.  The Ninth Circuit also held that the district court incorrectly concluded Walmart’s wage statements did not comply with California law.

Categories: Litigation, PAGA

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