Cases: Employment

Allocation, Employment, Section 998: Lower Court Did Not Abuse Its Discretion In Finding Employer Alter Ego Was Dismissed Under Section 998 Offer And Then Awarding Reduced Fees Against Employer For Unpaid Overtime Employee Claim

Cases: Allocation, Cases: Employment, Cases: Section 998

In The End, Only $10,000 In Fees Awarded Against Employer.             This next case addresses many issues we have posted on over the years—specificity in CCP § 998 offers and seeking reasonable fees on claims which should be allocated but are not.  Wu v. ABC Lucky Transportation, Inc., Case Nos. B323494/B326800 (2d Dist., Div. 1 […]

Employment: 2/2 DCA Decides That Routine Costs To Prevailing Party Employer Parties Are Recoverable Under PAGA

Cases: Employment

It Found No Language Precluding The Result, Disagreeing With Cruz On This Issue.             Unpublished decisions can be very instructive.  A recent one, Knowles v. Longwood Mgt. Corp., Case No. B314165 et al. (2d Dist., Div. 2 Jan. 3, 2024) (unpublished), is very instructive—prevailing PAGA defendants may be able to get routine costs under CCP

Costs, Employment: Employee Assessed With Routine Costs For Not Prevailing On Labor Code Violations, Intertwined With Other Claims, Obtained Reversal As A Matter Of Law Where Employee’s Case Was Not Brought In Bad Faith

Cases: Costs, Cases: Employment

Where Wage Claims Are Not Brought In Bad Faith, Intertwined Claims Do Not Give Rise To Costs Exposure.             In Schwade v. South Pasadena Rehabilitation Center, LLC, Case No. B318644 (2d Dist., Div. 2 Dec. 5, 2023) (unpublished), employee lost a wage/hour claim lawsuit, although involving intertwined claims, on a summary judgment.  The lower court

Employment: On Remand, Appellate Court Determines That Employer Did Not Bear Penalties Or Fee Exposure Under Labor Code Section 226 Because Failure To Pay For Meal/Rest Breaks And Failure To Report Same On Wage Statements Was Not Intentional

Cases: Employment

Employers May Be Happy With Many Aspects Of This Opinion.             We have posted already on Naranjo v. Spectrum Security Services, Inc., 13 Cal.5th 93, 102 (see our December 18, 2022 post on top 2022 decisions), which determined that meal/rest break premium charges and failure to report on wage statements could give rise to fee

Arbitration, Employment: Where Defendant Employer Lost Small Merits Award And Fee Award After Reconsideration By Arbitrator, But Did Not Timely File Motions To Correct Or Vacate, Fee Award Had To Be Affirmed

Cases: Arbitration, Cases: Employment

Bright-Line Rules On Arbitration Procedures Adopted, With Plaintiff Employee Entitled To Fees On Appeal.             This case may have more tips for practitioners and jurists when it comes to deadlines for parties seeking to correct and vacate arbitration awards, especially where a timely motion to confirm an arbitration award is made.  However, we briefly summarize

Costs, Employment: Costs Award, Mainly, Affirmed On Appeal In Case Where Plaintiff Employee Suffered A Summary Judgment Loss On Whistleblower, Retaliation, And Breach Of Contract Claims

Cases: Costs, Cases: Employment

Breach Of Contract Costs Were Distinct, So That They Were Warranted Versus Costs On FEHA-Related Claims Never Determined To Be Frivolous.             In Hussain v. Peralta Community College District, Case No. A164189 et al. (2d Dist., Div. 4 Oct. 5, 2022) (unpublished), plaintiff employee lost his retaliation, whistleblower, and contract claims against defendant through summary

Employment: $54,780 Fee Award To Two Ex-Employees Affirmed On Appeal Under Labor Code Section 98.2

Cases: Employment

Result Reminds Employers To Carefully Request A De Novo Review Of An Adverse Labor Commissioner Ruling In Favor Of Ex-Employees.             Chilpa v. American Concrete Polishing Co., Case No. B294648 et al. (2d Dist., Div. 4 Oct. 4, 2022) (unpublished) is another opinion with a cautionary warning for employers suffering an adverse wage/hour Labor Commissioner

EMPLOYMENT: Betancourt Opinion Published

Cases: Employment

2/8 DCA Reinstates Fees Award Under Wage/Hour Statutes After California Supreme Court Remand.             On August 26, 2022, we posted on Betancourt v. OS Restaurant Services, LLC, Case No. B293625 (2d Dist., Div. 8 Aug. 25, 2022), which was unpublished at the time.  We can now report it was published on September 12, 2022.  Here

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