Employee Misclassification: A Violation of the NLRA?
Currently, employers who misclassify employees as independent contractors may be liable for violations of the tax code, California Labor Code, and the Federal Labor Standards Act, among others. But there may be an unexpected new addition to the employment plaintiffs’ toolkit for litigating these claims: the National Labor Relations Act (“NLRA”). The National Labor Relations […]
Changes in California’s Sexual Harassment Laws
Changes in California’s Sexual Harassment Laws California has been on the forefront of protecting workers’ rights. As early as 1959, California enacted the Fair Employment and Housing Act (“FEHA”), in order to protect Californians from employment discrimination, among other issues. The FEHA has expanded over the years, protecting individuals in a number of “protected classes” […]
Will the U.S. Supreme Court Decide Whether Mandatory Class Action Waivers in Employment Arbitrations are Illegal?
On May 26, 2016, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit unanimously ruled that an employer’s mandatory arbitration agreement, requiring some of its employees to waive their rights to “participate in or receive money or any other relief from any class, collective, or representative proceeding[,]” was illegal, and hence […]
Supreme Court Decision – Class Action Limits Reach of Wal-Mart v. Dukes
In a ruling favorable to class-action plaintiffs, the United States Supreme Court recently held that, in certain circumstances, workers may use averages and other statistical analyses to establish class-wide liability. In Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. ___ (2016), Justice Anthony Kennedy, writing for a 6-to-2 majority, upheld a lower court’s order denying decertification, and $5.8 […]
SAG-AFTRA & Byron Allen Can’t Settle Out Comedians’ Claims
NINTH CIRCUIT SAYS UNION SAG-AFTRA AND BYRON ALLEN CAN’T SETTLE OUT COMEDIANS’ CLAIMS FOR BREACH OF THE DUTY OF FAIR REPRESENTATION AND VARIOUS LABOR CODE VIOLATIONS Pauley, et al. v. CF Entertainment, et al. No. 14-55131 Pauley v. CF Entertainment, et al. No. 14-55155 After hearing oral argument, on March 25, 2016 the Ninth Circuit Court of […]
Arbitration, Immorality, and Both Supreme Courts
On January 5, 2016 the California Supreme Court heard oral arguments in Baltazar v. Forever 21 Inc. et al., S208345, which is currently pending for decision. The Plaintiff in Baltazar is a female former employee of Forever 21 who alleged multiple instances of racism and gender bias as well as sexual harassment at work. The Plaintiff also alleged […]
California Court of Appeal Finds Dismissal of Claims for “Death Knell” Doctrine
In order to protect potential class members’ rights, the “death knell” doctrine permits immediate appeal from a court order denying the certification of class claims, yet preserving individual claims. In Miranda v. Anderson Enterprises, Inc., 241 Cal. App. 4th 196, 200 (2015), the Court of Appeal ruled that it also applies to the dismissal of […]
Taco Bell Employee Wins Arbitration Important Victory For Working People
November 9, 2016 In an important victory for workers’ rights, the California Court of Appeals refused to order a fast-food worker to arbitrate his wage and hour claims against a Taco Bell franchisee, Century Fast Foods. Attorneys from Matern Law Group, PC argued that an arbitration agreement, like any agreement, requires the mutual assent of […]
In The News: Matt Matern Features On Daily Journal Cover
Lawyers Warn of Pay Stub Litigation Wave Matthew J. Matern, Daily Journal Cover July 6, 2015 – By Matthew Blake, Daily Journal California businesses and their lawyers have perennially fretted about the state’s employee-friendly laws, but companies see one recent labor code amendment as beyond pale. In 2012 Gov. Jerry Brown amended an existing law by […]
Supreme Court Refuses to Review California Supreme Court Arbitration Decision
The information on this website and blog does not constitute legal advice. For the second time, the United States Supreme Court refused to hear a challenge to the California Supreme Court’s holding that state Private Attorney General Act (“PAGA”) claims cannot be compelled to arbitration, despite language in employment arbitration agreements containing class action […]
Pantoja v. Anton and Its Impact on “Me-Too” Evidence
The information on this website and blog does not constitute legal advice. The “me-too” evidence doctrine permits a plaintiff to proffer evidence of discrimination, not only against himself or herself, but also against other persons who are similarly situated. In Johnson v. United Cerebral Palsy/Spastic Children’s Foundation of Los Angeles and Ventura Counties, an employee who […]
Brinker and Its Impact on California Employment Law
The information on this website and blog does not constitute legal advice. On April 12, 2012, the California Supreme Court issued its much-anticipated decision in Brinker Restaurant Corporation v. Superior Court(2012) 53 Cal. 4th 1004. The Supreme Court resolved several important issues with respect to meal periods and rest breaks. Chiefly, Brinker resolved a split among California […]
Gallagher vs. Lionsgate, Joss Whedon
GALLAGHER V. LIONSGATE We are formally representing author Peter Gallagher for protection of his work and book against Joss Whedon and Lionsgate, whose movie “Cabin in the Woods” allegedly copies Mr. Gallagher’s work. Our client claims Joss Whedon and Drew Goddard took the idea for The Cabin in the Woods from his 2006 novel The Little White Trip: […]