Labor and Employment Law

Newly-Published Labor and Employment Cases

Ward v. Tilly’s, Inc.
(CA2/3 B280151 2/4/19) On-Call Scheduling. Employees “report to work” by presenting themselves as ordered (e.g., in person, by telephone, logging in, etc.) Employees who were required to, and did, call-in two hours before their on-call shift were entitled to reporting time pay when they were not called in to work.

Goonewardene v. ADP, LLC
(SC S238941 2/7/19) Wage & Hour/No Liability for Payroll Provider. Determining that an employee could not sue a payroll company for breach of contract as a third party beneficiary, negligence, or negligent misrepresentation for issues with the employee’s paycheck.

EEOC v. Global Horizons
(9th Cir. 16-35528 2/6/19) EEOC/Joint Employer. Rejecting the economic-reality test and adopting the common-law test to determine whether an entity is a joint employer under Title VII.

Correia v. NB Baker Electric, Inc.
(CA4/1 D073798 2/25/19) Arbitration/PAGA. Holding that trial court acted in its discretion to consider plaintiff’s untimely response to arbitration petition. Iskanian remains good law after Epic, and PAGA representative action cannot be compelled to arbitration.

Yovino v. Rizo
(US 18–272 Per Curiam 2/25/19) Equal Pay Act/Prior Salary. Vacating judgment in Equal Pay Act case where en banc decision authored by Judge Reinhardt and published eleven days after he passed away.

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