Wage & Hour Wonders
What is the current statewide minimum wage in California for employers with 26+ employees?
What is $16 per hour?
This 2012 case held employers must provide, but need not police, meal breaks.
What is Brinker Restaurant Corp. v. Superior Court?
This 2014 California Supreme Court case held that PAGA waivers in arbitration agreements are unenforceable under state law.
What is Iskanian v. CLS Transportation Los Angeles, LLC?
California requires an ascertainable class and this community of interest.
What is well-defined?
In a reversionary settlement, leftover settlement funds after payments to class members revert to this party.
What is the defendant (or settling employer)?
After how many hours in a day is overtime required in California?
What is after 8 hours in a day?
This 2022 U.S. Supreme Court case let employers compel arbitration of individual PAGA claims.
What is Viking River Cruises, Inc. v. Moriana?
After June 19, 2024, what percentage of PAGA civil penalties goes to the state?
What is 65 %?
Community of interest requires common questions, typicality, and this factor.
What is adequacy of representation?
In a wage and hour settlement, payments are characterized by wages, penalties, and interest. Which of these are non-taxable?
They are all taxable.
In California, when is double time required?
What is after 12 hours in a day or after 8 hours on the 7th consecutive day of work in a week?
This case allowed statistical sampling in wage class actions but preserved employers’ right to individualized defenses.
What is Duran v. U.S. Bank National Association?
This pending California Supreme Court case will decide if “headless” PAGA claims can survive after individual claims are compelled to arbitration.
What is Leeper v. Superior Court?
True or False: California applies all four Rule 23 prerequisites.
What is False?
This Code of Civil Procedure section governs distribution of unpaid class action funds to nonprofits.
What is CCP §384?
Prior to implementing an alternative work week schedule, the employer must explain these 3 things in a written a disclosure
What is its impact on hours, wages and benefits.
This 2010 California Supreme Court case defined “employer” to include anyone who controls wages or working conditions, or “suffers or permits” another to work.
What is Martinez v. Combs?
Before filing a PAGA lawsuit, an employee must give notice to this state agency.
What is the Labor and Workforce Development Agency (LWDA)?
This case said merits can be considered only as related to common issues at certification.
What is Brinker Restaurant Corp. v. Superior Court?
This California Code of Civil Procedure section requires residual settlement funds to go to nonprofits supporting access to justice.
What is CCP §384?
In California, how many consecutive hours must an employee work before being entitled to a second meal period?
What is 10 hours?
This 2017 case held PAGA plaintiffs can get statewide employee contact info even before claim scope is certified.
What is Williams v. Superior Court?
This U.S. Supreme Court case said individualized damages don’t defeat certification if liability is common.
What is Tyson Foods, Inc. v. Bouaphakeo?
This U.S. Supreme Court case said individualized damages don’t defeat certification if liability is common.
What is Tyson Foods, Inc. v. Bouaphakeo?
Often included in settlement agreements, this waiver lets employers release both known and unknown claims.
What is a Section 1542 waiver?