Employment Law Blog

The employment lawyers of Hoyer & Hicks handle cases involving wrongful termination, discrimination, harassment, missed breaks, and unpaid wages in the San Francisco Bay Area and Greater Los Angeles Area. This blog contains portions of our legal research and court submissions and updates about the ever-evolving field of employment law.


Recent Posts

Instacart Wage-and-Hour Settlement

ATTORNEY ADVERTISEMENT Our firm filed a representative action on behalf of Aggrieved Employees and the State of California against Instacart in Santa Clara County in 2018: Ornelas v. Maplebear, Inc. (d/b/a lnstacart), case no. 18CV323046. Based on our client’s experiences, we alleged that lnstacart’s timekeeping app deleted employees’ hours worked on cancelled jobs and failed […]

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Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County

Under the “ABC Test” established by the California Supreme Court in Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County, a worker is an employee if any of the following conditions are met:

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Wage and Hour Class Action Mediation Brief

Section 510 of the Labor Code and the applicable IWC Wage Order require employers to pay overtime for hours worked beyond eight in a day and forty in a week (and double-time as provided in the statute and Wage Order).

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Break Laws and Class Action Procedure

Labor Code §§ 226.7 and 512 and the applicable wage orders require employers to authorize and permit meal periods to their employees. California law prohibits employers from employing an employee for more than five hours without a meal period of at least 30 minutes.

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Exempt and Non-Exempt Employment in the Food Service Industry

California state laws require that all non-exempt employees be compensated at time-and-a-half for all hours worked over 8 hours per day and 40 hours in a week. See California Labor Code section 510(a) and Industrial Welfare Commission (“IWC”) Wage Order, Order No. 5-2001 section 3(A). The law also requires employers to maintain accurate time records for all of the hours worked by its employees, provide accurate itemized wage statements, authorize, permit and provide meal and rest periods, and pay all wages earned to an employee immediately upon their termination.

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Ex Parte Application for Temporary Restraining Order Regarding Communications with Class Members

“In the context of a class action, it is the court’s authority and duty to exercise control over the class action to protect the rights of all parties, and to prevent abuses which might undermine the proper administration of justice.” Howard Gunty Profit Sharing Plan v. Superior Court (2001) 88 Cal.App.4th 572, 581 (citing Gulf Oil Co. v. Bernard (1981) 452 U.S. 89, 100–103).

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Motion to Compel Arbitration

The FAA provides, that a “written provision in any…contract evidencing a transaction involving commerce to settle by arbitration a controversy…shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of the contract.” 9 U.S.C. § 2. In order to opt out of the FAA, a controlling state arbitration law must be specified in the agreement. See, e.g. Wolsey, Ltd. v. Foodmaker, Inc., 144 F.3d 1205, 1209 (9th Cir. 1998) (“In other words, parties are free to contract around the FAA by incorporating state arbitration rules into their agreements.”).

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