Amazon faces lawsuit over missed lunch breaks

A lawsuit that claims one of Amazon’s fulfillment centers in California failed to provide required meal breaks for employees has moved to federal court, as attorneys seek class-action status. First filed in San Francisco County Superior Court in February, the case was removed to US District Court California, Northern District on Friday. Lovenia Scott, a former employee of the Vacaville,...

Wall Street Is Looking Past the Labor Claims Facing Uber and Lyft. Yet They Could Cost Billions

Proposition 22 in California allows companies like Uber Technologies and Lyft to continue classifying drivers as contract workers rather than full-time employees. It’s not clear whether that designation applies retroactively, and that poses a multibillion-dollar risk for investors. California’s attorney general and municipal officials from around the state have sued Uber (ticker: UBER) and Lyft (LYFT), attempting to claw back...

State Supreme Court rules on rounding errors

The California Supreme Court has ruled an employer cannot round the time an employee spends on their meal break to the nearest preset fraction of an hour. The court further held that time records showing noncompliant meal periods raise a rebuttable presumption of meal period violations. Meal Breaks: The Basics A California employer generally must provide nonexempt employees with the...

New California Law Requires Employers to Offer Jobs to Previously Laid-Off Employees

On April 16, 2021, California Gov. Gavin Newsom signed Senate Bill 93 into law. The law requires employers to offer open job positions to employees who were previously laid off due to COVID-19-related reasons and adds records retention and notice requirements. The law takes effect immediately and is effective until December 31, 2024. At the outset, the new measure requires...

Court Halts New Lawsuits Concerning Prop 65 Acrylamide Cancer Warnings

The U.S. District Court for the Eastern District of California granted on March 29, 2021 the California Chamber of Commerce’s (CalChamber) motion for a preliminary injunction, halting new lawsuits to enforce the Proposition 65 warning requirement for acrylamide in food and beverages. (See: California Chamber of Commerce v. Xavier Becerra, Attorney General of the State of California.) Proposition 65, or the...

Amazon Settles $2 Million ‘Reference Pricing’ Consumer Protection Suit

A gaggle of California district attorneys were successful Thursday in forcing online retail giant Amazon to revise its “reference pricing” advertising alleged savings to consumers. A week after San Diego County District Attorney Summer Stephan was joined by district attorneys for Alameda, Santa Clara, Santa Cruz, Riverside and Yolo counties in suing Amazon over its advertised “reference pricing” scheme, Amazon agreed to...

The California Invasion of Privacy Act

One of the most important privacy protections in an era where our privacy has become more and more limited in this age we live in. One of the biggest areas of protection is in telephone conversations. This post is a brief explanation of a major case on consumer privacy rights which has come down today. A Quick Introduction of the...

California New Minimum Wage Increase

As of January 1, 2021, California’s minimum wage increases to $14.00 per hour for employers with 26 or more employees and $13.00 per hour for employers with 25 or fewer employees. Local ordinances may impose further increases to the minimum wage. Employers should review base salaries for all employees exempt from receiving overtime pay to ensure they still satisfy the...

Supreme Court Confirms Right to Sue Insurance Companies for Overcharges

Decision Rebuffs Industry Arguments Against Proposition 103 Enforcement Rights In a decision that will likely affect California motorists, homeowners, small businesses and even medical providers, the California Supreme Court has ruled that insurance companies are not immune from lawsuits by consumers who were overcharged for title insurance coverage as part of a home refinance or sale. The ruling in Villanueva...