Tag Archives: Kevin Sullivan

September 13, 2019

California Supreme Court Holds That Employees Cannot Recover Allegedly Unpaid Wages in Lawsuits Brought Under PAGA

By Kevin Sullivan of Epstein Becker & Green

We have frequently written about California’s Private Attorneys General Act (“PAGA”), a unique statute that allows private individuals to file suit seeking “civil penalties” on behalf of themselves and other “aggrieved employees.”

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August 5, 2019

The Ninth Circuit’s Request That the California Supreme Court Clarify Meal and Rest Period Requirements May Have a Tremendous Impact Upon Employers

By Kevin Sullivan of Epstein Becker & Green

Given the prevalence of wage-hour class actions filed against California employers, the Ninth Circuit Court of Appeals from time to time asks the California Supreme Court to clarify certain California wage-hour laws. Last week, the Ninth Circuit asked again in Cole v. CRST Van Expedited, Inc., seeking clarification on the following two questions:

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August 2, 2019

Time Is Money: A Quick Wage-Hour Tip on… California Meal and Rest Period Requirements

By Kevin Sullivan of Epstein Becker & Green

More than seven years ago in Brinker Restaurant Corp. v. Superior Court, the California Supreme Court clarified many of the general requirements for meal and rest periods under California law. Nothing the California Supreme Court said has slowed the filing of meal and rest period class actions against employers doing business in the state.

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February 5, 2019

California Court of Appeal Concludes That Certain Types of On-Call Scheduling Triggers Requirement to Pay Wages

By Kevin Sullivan of Epstein Becker & Green

On February 4, 2019, a divided panel of the California Court of Appeal issued their majority and dissenting opinion in Ward v. Tilly’s, Inc.  It appears to be a precedent-setting decision in California, holding that an employee scheduled for an on-call shift may be entitled to certain wages for that shift despite never physically reporting to work.

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January 24, 2019

Airline Ordered to Pay More Than $77 Million for Wage-Hour Violations

By Kevin Sullivan of Epstein Becker & Green

In Bernstein v. Virgin America, Inc., a district court in California has ordered Virgin America to pay more than $77,000,000 in damages, restitution, interest and penalties for a variety of violations of the California Labor Code. The award is the latest example of the tremendous amount of damages and penalties that can be awarded for non-compliance with California’s complex wage and hour laws.

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December 21, 2018

California Supreme Court Affirms the Use of Second Meal Period Waivers for Health Care Employers

By Kevin D. Sullivan of Epstein Becker & Green

Almost four years ago, we wrote about how a California Court of Appeal’s decision exposed health care employers to litigation if they relied upon IWC Wage Order 5 for meal period waivers. That decision was Gerard v. Orange Coast Memorial Medical Center (“Gerard I”), where the Court of Appeal concluded that IWC Wage Order 5 was partially invalid to the extent it authorized second meal period waivers on shifts over 12 hours.

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October 24, 2018

California Court of Appeal Rejects Dynamex’s “ABC” Test for Independent Contractors for Claims That Do Not Arise Under a Wage Order

By Kevin D. Sullivan of Epstein Becker & Green

In April 2018, we wrote about the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court, which had clarified the standard for determining whether workers in California should be classified as employees or as independent contractors for purposes of the wage orders adopted by California’s Industrial Welfare Commission (“IWC”).

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ILN Today Post
September 28, 2018

A Look Back on Wage and Hour Developments in 2018: Blockbuster Cases, FLSA Amendments, and More

By Epstein Becker & Green, P.C.

Arguably, the very first workplace regulation, dating back thousands of years, was one involving wage and hour issues—the mandatory day of rest. While much has changed over the great many years since then, the centrality of work in our economy, and indeed our daily lives, has not. Today, more than ever, understanding and adhering to the rules governing workers’ hours and pay is a key responsibility of every employer.

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May 14, 2018

California Court of Appeal Concludes That There Is No Wage Statement Violation When an Employee’s Paystubs Accurately Reflect the Wages That Employee Was Paid

By Kevin D. Sullivan of Epstein Becker & Green

When California employees bring lawsuits alleging minimum wage, overtime, meal period or rest period violations, they typically bring additional claims that are purportedly “derivative” of these substantive claims.  One of these derivative claims is for wage statement (i.e., paystub) violations, alleging that because the employee was paid not all wages he or she allegedly earned, the wage statements he or she was provided were not accurate.

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February 22, 2018

Federal Judge Rules GrubHub Driver Is Independent Contractor – Employment Law This Week Continue Reading…

By Epstein Becker & Green, P.C. of Epstein Becker and Green

Featured on Employment Law This Week:  A California federal judge has ruled that a former GrubHub delivery driver was an independent contractor, not an employee.

The judge found that the company did not have the required control over its drivers for the plaintiff to establish that he is an employee. This decision comes as companies like Uber and Lyft are also facing lawsuits that accuse them of misclassifying employees as independent contractors. Carlos Becerra, from Epstein Becker Green, has more.

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