Determining the Amount of Exemplary/Punitive Damages

In California, a claim for punitive damages is broken down into two phases. The first phase is generally the trial to determine the liability of the defendant and the amount of compensatory damages that should be paid. The second phase is the determination of what exemplary/economic damages should be paid. The amoun...

P4 California Employment Laws Schedule to Take Effect in 2020 – Wage and Hour Laws

There are several new wage and hour laws that were passed in 2019. They include the following: AB 673. Prior law provided for a civil penalty (on top of any other penalties) on every person who failed to pay each employee the wages that were due to the employee. The prior law also included a requirement that prohibi...

New Ninth Circuit Ruling Applies Dynamex Decision Retroactively – Making It Hard to Say Workers aren’t Employees

The San Francisco Chronicle reported on May 2, 2019, that the California Supreme Court Dynamex decision can be applied retroactively. Dynamex changed the rules in the new gig economy – the sector of the economy that uses apps to help drive business while giving workers flexible hours. Both the Dynamex decision and...

40th Year Helping California Employees as Your Employment Lawyer

As we at Los Angeles Employment Attorney look forward to our 40th year of helping employees throughout California turn employer wrongs into employee rights, we'd like to share in this blog one of our greatest frustrations, employees who quit without trying to solve their work-related issues first. These concerns run ac...

Have You Been Mis-Classified as an Employee or Independent Contractor – The Answer May Be Crucial to the Success of Your Case

When analyzing an employment law case, one must first determine whether the worker was an employee or independent contractor. This is important because in California employment-at-will means that an employer can fire an employee for just about any reason other than one that is prohibited under law. The following is a b...

$5.8 Million Awarded in Class Action Wage and Hour Claim

Just this Tuesday, the United States Supreme Court upheld a $5.8 million award in a class action lawsuit against Tyson Foods, Tyson Foods v. Bouaphakeo. Court-watchers across the country are hailing the decision as a “setback to corporate America” (The Los Angeles Times), and a boon for employees’ seeking justi...

Misclassification and Racial Discrimination Claims in Los Angeles

Ms. Jewel Gardner, a former employee of DineEquity Inc. (and formerly its predecessor, International House of Pankakes, and then IHOP), who had dedicated 22 years of work to her employer, has filed a California wage and racial bias lawsuit against the company.  As wage and misclassification lawsuits grow in number acr...

California’s Equal Pay Act Put to the Test, and Sexual Discrimination Against Bikram’s Choudhury

This past week we saw several cases of employers who not only discriminated against their employees but also retaliated against them after the employees complained.  Classic cases with a new spin helping workers against companies that placed them in hostile work environments. Once interesting case reported by our ...

Huge Victory for Truckers in Major Meal and Rest Break Period Breakthrough Case

An important case this week within the Meal and Rest Break realm was revived by a California Judge when he certified a class action lawsuit brought by a number of truckers.  The two truckers who brought the case on behalf of 154 other truckers alleged that a trucking company by the name of Vitran Express, Inc. discour...