Newly-Published Labor and Employment Cases

Moorer v. Noble LA Events Inc. (CA2/7 B282631, filed 2/11/19, pub. ord. 2/27/19) PAGA/Default Judgment. 25% of PAGA recovery goes to the affected employees, not solely to the aggrieved employee pursuing the PAGA action.

Su v. Stephen S. Wise Temple (CA2/3 B275426 3/8/19) Wage and Hour/Ministerial Exception. Reversing summary judgment that had been granted in case brought by the Labor Commissioner against a synagogue for Labor Code violation based on the “ministerial exception.” The court of appeal held that the teachers were not “ministers” for the purposes of the exception given that they were not required to have formal religious education, knowledgeable about religious beliefs, or adherence to the synagogue’s theology.

Salgado v. Carrows Restaurants, Inc. (CA2/6 B285756, filed 2/26/19, pub. ord. 3/25/19) Arbitration. Reversing order denying motion to compel arbitration, but remanding with instructions that trial court consider factual issue of whether the defendant knew that the plaintiff was a represented party at the time that it presented her with an arbitration agreement to sign; such circumstances could serve as a basis to find the agreement unconscionable or voidable.

Zakaryan v. The Men’s Warehouse, Inc. (CA2/2 B289192 3/28/19) Splitting PAGA Claim/Arbitration.  Noting that the issue of splitting a PAGA claim is before the Supreme Court but analyzing it differently than the cases on appeal before the Court, the court of appeal held that the solitary PAGA claim could not be split and affirmed trial court’s denial of the motion to compel arbitration.

Walnut Creek Police Officers’ Assn. v. City of Walnut Creek (CA1/4 A156477 3/29/19) Peace Officers’ Records. The 2019 amendments to peace offer records maintained by state or local agencies contained at section 832.7 of the Penal Code apply to records created prior to 2019.