Recently indexed
Analysis of new laws and key decisions in California wrongful-termination and employment law.
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Cortina v. North American Title Company
After 19 years of litigation, a bifurcated bench trial produced a $43 million judgment for ~400 escrow workers who claimed they were misclassified as…
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Askins v. CRST Expedited, Inc.
A trucking-job applicant brought an FCRA class action over confusing, noncompliant background-check disclosure forms; after Limon v. Circle K required concrete injury, the trial…
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Avery v. TEKsystems, Inc.
Twenty-two months into a wage-and-hour class action, TEKsystems rolled out a new mandatory arbitration agreement to the recruiter class members and moved to compel…
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Martinez v. Sierra Lifestar, Inc.
An EMT sought to certify a 135-worker class alleging the employer left nondiscretionary “EMS Bonuses” out of the regular rate, underpaying overtime and premiums.…
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Brinker Restaurant Corp. v. Superior Court: Provide, Not Ensure — California’s Governing Meal-and-Rest and Class-Certification Decision
Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004 is California’s foundational meal-and-rest decision: an employer must provide a duty-free meal period but…
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Ayala v. Antelope Valley Newspapers, Inc.
For certification, the key question is whether the hiring entity’s right to control the manner and means of the work — the principal test…
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Sav-On Drug Stores v. Superior Court: Deferential Review and the Theory-of-Recovery Test for Class Certification
Sav-On Drug Stores v. Superior Court (2004) 34 Cal.4th 319 holds that wage-and-hour class certification is reviewed for abuse of discretion and turns on…
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Duran v. U.S. Bank: Statistical Sampling, Trial Plans, and the Due-Process Right to Litigate Defenses
Duran v. U.S. Bank National Assn. (2014) 59 Cal.4th 1 holds that a class-action trial plan using statistical or representative proof must still let…