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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Serrano v. Aerotek Inc.
Judgment in employer's favor in meal period deprivation action affirmed where employee fails to show that employer is required to do more than implement meal break policy that employee is trained in and that requires employee to report meal period violations. 		Labor Law 1DCA/1 Mar. 27, 2018
Alvarado v. Dart Container Corp. of California
To determine rate of overtime pay, a flat sum bonus must be factored into regular pay rate via dividing bonus by nonovertime hours actually worked 		Labor Law 4DCA/2 Mar. 6, 2018
Cal Fire Local 2881 v. Public Employment Relations Board
State board does not unlawfully fail to meet and confer with employee association regarding changes board makes to its regulations where parties have no employer-employee relationship. 		Labor Law 3DCA Feb. 28, 2018
Local Joint Executive Board v. National Labor Relations Board
The National Labor Relations Board does not have discretion to depart from ordering a standard remedy without supplying a rational explanation 		Labor Law 9th Feb. 28, 2018
Terris v. County of Santa Barbara
Labor Code Section 244, which does not require litigant to exhaust administrative remedies is inapplicable to plaintiff where section only applies to claims before Labor Commissioner. 		Labor Law 2DCA/6 Feb. 20, 2018
Mora v. Webcor Construction, L.P.
Employer contributions to collectively-bargained employee vacation fund are not wages under Section 226(a); need not be displayed on bi-weekly paychecks with specific hourly rate of pay. 		Labor Law 1DCA/5 Feb. 7, 2018
Newton v. Parker Drilling Management Services
Dismissal of California wage and hour claims brought by employee working on off-shore drilling platform adjacent to state vacated where state laws are not inconsistent with federal law. 		Labor Law 9th Feb. 6, 2018
Khan v. Dunn-Edwards Corp.
Where PAGA notice to state agency and employer only references individual claim, it constitutes insufficient notice of intended class action. 		Labor Law 2DCA/8 Jan. 24, 2018
Modification: Arave v. Merrill Lynch, Pierce, Fenner & Smith Inc.
Award of attorney fees to defense reversed where court fails to find claim frivolous. 		Labor Law 4DCA/2 Jan. 24, 2018
ABM Industries Overtime Cases
Abuse of discretion for trial court to exclude expert witness in time and hour class action who demonstrated experience in analyzing databases to discover timekeeping abuses. 		Labor Law 1DCA/4 Jan. 12, 2018
Arave v. Merrill Lynch, Pierce, Fenner & Smith Inc.
Award of attorney fees to defense reversed where court fails to find claim frivolous. 		Labor Law 4DCA/2 Jan. 4, 2018
Kim v. Reins International California, Inc.
Order granting summary adjudication on PAGA claim for lack of standing affirmed where plaintiff who voluntarily dismisses individual claims is not aggrieved employee under PAGA. 		Labor Law 2DCA/4 Jan. 3, 2018
Benjamin v. B & H Education
A school's student trainees are not 'employees' under the Fair Labor Standards Act if the students are the primary beneficiaries of their work under the factors articulated in 'Glatt.' 		Labor Law 9th Dec. 20, 2017
The International Brotherhood of Boilermakers etc. v. NASSCO etc.
California WARN Act’s provision requiring employers to notify employees affected by mass layoff before laying off employees applies to temporary layoff lasting less than six months. 		Labor Law 4DCA/1 Dec. 4, 2017
Tri-Fanucchi Farms v. Agricultural Labor Relations Board
An employer may not defend against a union's mediation request on the basis of abandonment. 		Labor Law CASC Nov. 28, 2017
Gerawan Farming, Inc. v. Agricultural Labor Relations Board
Individualized nature of mandatory mediation process imposed upon agricultural employers and employees does not give rise to facial 'class of one' equal protection challenge. 		Labor Law CASC Nov. 28, 2017
Douglas v. Xerox Business Services LLC
Employer may calculate minimum wage by using entire workweek where workweek is 'relevant unit for determining minimum-wage compliance.' 		Labor Law 9th Nov. 16, 2017
Huhmann v. Federal Express Corp.
Service member resuming civilian career with FedEx entitled to higher signing bonus he would have earned had he not left for military service. 		Labor Law 9th Nov. 3, 2017
People v. Luo
Statute is not vague where statute clearly warns of prohibited conduct with reasonable degree of certainty. 		Labor Law 6DCA Oct. 27, 2017
Beneli v. The National Labor Relations Board
National Labor Relations Board properly determines that new standard concerning when it must defer to arbitration decision applies prospectively. 		Labor Law 9th Oct. 18, 2017
Airline Service Providers Association v. Los Angeles World Airports
City of Los Angeles acts as market participant in requiring airport businesses to agree to 'labor peace agreement' and is not preempted by federal labor statutes. 		Labor Law 9th Oct. 17, 2017
Levi v. The Regents of the University of California
Summary judgment reversed where retaliation complaint alleges claims that involve state university policies that ‘have the force and effect of statute.’ 		Labor Law 4DCA/1 Sep. 28, 2017
Lopez v. Friant & Associates LLC
Employee seeking to recover civil penalties under PAGA for alleged wage statement violations need not demonstrate ‘injury’ as required if statutory penalties were sought. 		Labor Law 1DCA/1 Sep. 28, 2017
United Nurses Associations of California v. National Labor Relations Board
Employer’s petition for review denied where National Labor Relations Board properly finds that employer’s reason for discharging employee was pretextual. 		Labor Law 9th Sep. 12, 2017
Marsh v. J. Alexander's LLC
In minimum wage dispute, plaintiffs may amend their complaints to exclude reliance on DOL’s inconsistent interpretation of ‘tip credit’ regulation. 		Labor Law 9th Sep. 7, 2017
Modification: Cortez v. Doty Bros. Equipment Co.
Wage and hour class action erroneously dismissed in its entirety where some claims not encompassed by collective bargaining agreement’s arbitration provision. 		Labor Law 2DCA/7 Sep. 7, 2017
Cortez v. Doty Bros. Equipment Co.
Wage and hour class action erroneously dismissed in its entirety where some claims not encompassed by collective bargaining agreement’s arbitration provision. 		Labor Law 2DCA/7 Sep. 6, 2017
Stoetzl v. State of California
Unrepresented peace officers are entitled to compensation under Wage Order 4-2001 where Fair Labor Standards Act’s calculation standard does not supersede wage order. 		Labor Law 1DCA/4 Sep. 5, 2017
Murray v. Southern Route Maritime SA
Jury instruction recognizing ship owner’s turnover duty and ship owner’s duty to inspect as interconnected is not faulty where duty to inspect falls within turnover duty. 		Labor Law 9th Sep. 1, 2017
Airline Service Providers Association v. Los Angeles World Airports
City of Los Angeles acts as market participant in requiring airport businesses to agree to ‘labor peace agreement’ and is not preempted by federal labor statutes. 		Labor Law 9th Aug. 24, 2017
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