A lawsuit filed under California's Private Attorneys General Act alleging San Diego Gas & Electric Co. failed to provide breaks or correctly pay wages will remain in federal court, a federal judge held, saying the claims by a former employee relate to a collective bargaining agreement and thus are preempted by federal law.
SACRAMENTO
â The California Chamber of Commerce and nearly 200 allied business organizations representing all sectors of the economy and employing millions of California workers today sent a letter to Governor Gavin Newsom and the Legislature calling for specific and immediate actions to curb the impact of the current pandemic-related economic crisis as well as address the underlying causes of an ongoing exodus of employers to other states.
âThe State will need a strong business recovery to bring back jobs and stability to our communities. We cannot recover when businesses are shutting down and employers are leaving,â the coalition states.
In the letter, the signatories state that many employers currently believe they could safely reopen given the extensive work they have done to create a safe environment for their employees and customers. The letter further describes how the pandemic has exacerbated the challenge of doing business in an already high-
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Update February 10, 2021: This blog has been updated to reflect current guidance about California meal and rest break laws.
On September 26, 2019, California’s Second District Court of Appeals in
Gustavo Naranjo, et al. v. Spectrum Security Services, Inc. held that unpaid premium wages for meal break violations do not entitle employees to additional remedies under the California Labor Code for inaccurate wage statements or waiting time penalties.
By limiting employees’ ability to bring derivative inaccurate wage statement and unpaid wage claims, the decision immediately decreases employers’ overall exposure for Labor Code penalties, class counsel’s attorneys’ fees, and civil penalties under the Private Attorneys General Act (PAGA).
Tuesday, February 9, 2021
Highlights from this issue include:
Supreme Court grants cert in securities class action to address whether the
Basic presumption of class-wide reliance can be rebutted based on the generic nature of the alleged representation and that the statement had no price impact.
Massachusetts appellate court emphasizes that evidence is required to support class certification, even under state law.
District court in the Second Circuit holds that
Daubert analysis must be conducted at the class certification stage.
Third Circuit holds that the failure to register tires under federal law is not enough to confer standing.
Seventh Circuit holds that violations of the data retention and destruction requirements of the Biometric Information Privacy Act are sufficient for standing.