On April 2, Teukolsky Law filed a class action lawsuit against Hotel Figueroa, alleging the hotel and its operators violated Los Angeles’s Hotel Worker Retention Ordinance when they failed to protect workers’ jobs after the hotel’s food and beverage operator, Noble 33, abruptly laid off all of its employees in February 2024.
The Hotel Worker Retention Ordinance was enacted to protect hotel workers affected by mass layoffs, which frequently occur when corporate ownership or management of a hotel changes. When employees are laid off following such a change, the Ordinance requires hotels and their operators to retain employees for a brief transitional period to ensure employment stabilization and reduce demands on social services. In the case of Hotel Figueroa, more than 100 workers lost their jobs after Noble 33 decided to cease operations at the hotel days after the staff notified management of their intent to unionize. Noble 33 was quickly replaced by a new operator, The Botanical Group, but the lawsuit alleges that none of its former non-management staff were retained, including Maria Ibarra, a former cook for Noble 33. Hotel Figueroa operates out of one of downtown Los Angeles’s most famous buildings, a 14 floor Spanish Mediterranean property that also houses upscale restaurants such as Café Fig and La Casita. The dispute at the hotel may be indicative of a broader Southern California trend of food workers standing up to their employers and alleging labor and employment law violations. For UNITE HERE Local 11’s press release on Ms. Ibarra’s lawsuit, click here. For more on Ms. Teukolsky and her practice, click here.
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AB 1228 took effect on April 1, 2024, meaning fast-food workers across California are now subject to a new $20 minimum wage. Many of the state’s more than half a million fast-food workers will see their wages raised as a result.
AB 1228 was signed into law last fall by Governor Gavin Newsom. Proponents of the bill believe the new play floor is necessary in light of changes to the fast-food industry’s workforce. Whereas in the past fast-food workers were often teenagers trying to earn spending money, nowadays fast-food workers are largely adults trying to support their families. Despite California’s $16 minimum wage, the second highest in the nation, many of these workers still find themselves in search of additional jobs to make ends meet. Critics of the bill, many of whom are franchise owners, have complained that the law will force them to lay off staff and pass on their increased costs to customers. However, researchers have found that, as California doubled its minimum wage over the past decade, wages increased without employment falling. The new minimum wage increase will apply to restaurants offering limited or no table service and which are part of a national chain with at least 60 establishments nationwide, with some exemptions. The law also figures to increase the wages of those outside of the fast-food industry, as employers compete for employees that may now be attracted to the industry’s higher minimum wage. Lauren Teukolsky was quoted in a Wednesday Bloomberg Law article about a recent Ninth Circuit opinion that discuss the effects of the California Supreme Court’s decision in Adolph v. Uber on PAGA cases proceeding in federal court. The Ninth Circuit ruled that federal courts are bound to follow the California Supreme Court’s interpretation of PAGA standing, and do not need to follow the U.S. Supreme Court’s mistaken interpretation of PAGA standing in its 2022 Viking River Cruises decision.
In the Circuit Court’s decision, Judge Kenneth Kiyul Lee stated in his concurring opinion that arbitration proceedings under PAGA may not constitute a “full and fair opportunity to litigate,” thus offering a potential exception to arbitration proceedings’ preclusive effect on their associated court proceedings. In other words, if an employer were to receive a worker-friendly ruling from an arbitrator, that ruling may not have bearing on the analogous issues the employer is litigating in court. How much of an effect Judge Lee’s opinion will have on California’s employment law landscape is still unclear. In Bloomberg Law’s article, Ms. Teukolsky says that the state’s appeals courts are still divided on the issue and have yet to “’squarely’” consider whether individual PAGA arbitration findings will impact group PAGA claims. “’It’s too soon,’” Ms. Teukolsky says in the article. The article also includes Ms. Teukolsky’s commentary on how Judge Lee’s opinion might be interpreted for the benefit of workers: “The logic in Lee’s concurring opinion could also help claimants wield the ‘full and fair opportunity to litigate’ argument against adverse arbitration findings when their group PAGA claims unfold in court, Teukolsky said.” Ms. Teukolsky has represented workers for over two decades and her commentary on the latest developments in employment law is regularly featured by major publications such as Bloomberg Law, Law360, Law.com, and the Los Angeles Times. To access the Bloomberg Law article in its entirety, click here. To learn more about Ms. Teukolsky’s practice and get in touch with the firm, click here. Lauren Teukolsky’s “Wage and Hour Case Notes” were published in the March 2024 edition of the CLA California Labor and Employment Law Review. Ms. Teukolsky’s column describes three recent decisions from California and federal appellate courts that affect wage-and-hour law. Among the decisions are rulings regarding trial courts’ authority (or lack thereof) to strike “unmanageable” PAGA claims, and whether a policy requiring employees to remain on work premises during rest breaks merits class certification. CLA (California Lawyers Association) is a voluntary statewide bar association. Its mission is to “promote excellence, diversity and inclusion in the legal profession and fairness in access to justice and the rule of law.” Ms. Teukolsky’s “Wage and Hour Case Notes” are published on a quarterly basis by CLA’s Labor and Employment Law Section. Wage-and-hour law is a dynamic field with new appellate decisions that regularly reshape the legal landscape. Ms. Teukolsky has navigated those appellate decisions for over 20 years and is an expert in both state and federal wage-and-hour law. She speaks frequently on wage-and-hour topics at national and state conferences and is regularly quoted by media outlets for her insights on the topic. To read Ms. Teukolsky’s article in its entirety, click here. If you would like to speak with Ms. Teukolsky about a wage-and-hour matter, click here. Legal Dive quoted Lauren Teukolsky last week in an article discussing the Department of Labor’s (DOL) new independent contractor rule. The long-awaited rule was released on January 9th and replaces the DOL’s Trump-era guidance as to employee and independent contractor classification.
The issue of classification has become especially important over the past five to ten years as the American “gig economy” has taken off. With the rise of companies such as Uber and DoorDash, more employers are utilizing workforces that consist of independent contractors. From employers’ perspectives, the development is positive, as it allows them to avoid expenses associated with employees, such as worker’s comp insurance. For employees, however, failure by their employers to properly classify them as employees frequently means a denial of basic workplace rights such as minimum wage, overtime, and paid leave. The DOL’s new rule seeks to reduce the risk that employees are misclassified as independent contractors by instituting provisions it believes are more consistent with judicial precedent than those previously put in place during the Trump administration. Legal Dive’s article begins with commentary from Ms. Teukolsky on how corporations may need to navigate the new rule, which is set to go into effect on March 11: “’You need to assume that most of your workers are employees, unless it’s pretty clear that they’re not, and not the other way around,’ said Lauren Teukolsky, who represents workers at Teukolsky Law. ‘It’s definitely the safest course.’” Ms. Teukolsky also commented that the Trump-era rule deviated from longstanding employment-law principles, and the DOL’s new rule represents a return to the well-established legal principles that existed for decades. To read Legal Dive’s article in its entirety, click here. To learn more about Ms. Teukolsky and Teukolsky Law, click here. On Wednesday January 31, Lauren Teukolsky will appear as a panelist on a California Employment Lawyers Association (CELA) roundtable discussing PAGA cases in the aftermath of Adolph v. Uber Technologies, Inc. Ms. Teukolsky will be joined by co-panelist Adrianne De Castro, a Senior Associate at Desai Law Firm, P.C., and a member of the litigation team in Adolph v. Uber. The pair’s roundtable will address how courts are handling employer requests to stay PAGA claims pending individual arbitration, and recent appellate court rulings and trial court orders illustrating how courts have dealt with PAGA since the landmark decisions Viking River Cruises, Inc. v. Moriana and Adolph v Uber. Ms. Teukolsky and Ms. De Castro will also discuss how to oppose motions to compel arbitration of PAGA claims, poison pill provisions in arbitration agreements, and issue preclusion, among other topics. Ms. Teukolsky is an expert in employment law and regularly appears on panels to discuss the latest developments in the field. Most recently, Ms. Teukolsky spoke about Viking River Cruises and Adolph v. Uber at two talks presented by the California Lawyers Association (CLA). CELA is a statewide organization of 1,200 California attorneys who devote the majority of their practices to representing employees in individual employment cases and class actions. CELA works to protect and expand the legal rights of workers through litigation, education, and advocacy. To register for CELA’s Adolph v. Uber Roundtable, click here. To learn more about Ms. Teukolsky and her firm, click here. Lauren Teukolsky was recently selected to the 2024 Top 100 Southern California Super Lawyers list and the 2024 Top 50 Women Southern California Super Lawyers list. The selections were made by Super Lawyers, a rating service that recognizes “outstanding lawyers who have attained a high-degree of peer recognition and professional achievement.” This year’s lists mark Ms. Teukolsky’s twelfth consecutive selection by Super Lawyers, a streak that began in 2013. Before that, she was selected as a Super Lawyers Rising Star from 2004 to 2010. The Super Lawyers selection process involves a multiphase process that includes a statewide survey of lawyers, an independent evaluation of candidates, and peer reviews by practice area. The objective of the selection process is to create a comprehensive and diverse listing of exceptional attorneys. The top 5% of attorneys are selected to Super Lawyers lists each year. Ms. Teukolsky has successfully represented and advocated for California’s workers for over two decades. Her work and commentary regularly appear in news publications that cover the latest developments in employment law. To learn more about Ms. Teukolsky, click here. If you believe you have been wrongfully terminated, harassed, or suffered from other unlawful workplace practices, click here to get in touch with our office. 2023 was a big year for California’s state legislature. From crime and healthcare to housing and schools, California’s legislators passed a bevy of new laws, including many that will significantly impact workers. Though some of these laws won’t be effective for a few more months, many have already taken effect. We discuss the most significant ones below.
Crackdown Against Noncompete Agreements California has long been a leader in the fight against noncompete agreements, which restrain worker mobility and suppress wages. With the passage of SB 699, however, the state has taken its fight to another level, making most noncompete agreements unenforceable “regardless of where and when the contract was signed” and “regardless of whether the contract was signed and the employment was maintained outside of California.” In practice, this means that out-of-state companies intending to enforce noncompete agreements against employees or former employees seeking work in California will be unable to do so, barring some exceptions. Unpaid Leave for Reproductive Losses SB 848 allows California’s workers to take up to five days of unpaid leave following a “reproductive loss event.” The law defines such events as “the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.” The law also prohibits employers from retaliating against employees for taking reproductive loss leave. More Paid Sick Leave Due to the passage of SB 616, California’s workers now have the right to accrue and use up to five days (or 40 hours) of paid sick leave. The state’s workers were previously guaranteed a minimum of three paid sick leave days. Protections for Cannabis Users AB 2188 was actually passed after the 2022 legislative session but did not take effect until this month. The law prohibits employers from discriminating against individuals on the basis of cannabis use “off the job and away from the workplace,” with some exceptions. Similarly, a law from this past legislative session, SB 700, prohibits employers from requesting information from job applicants about their prior use of cannabis. The law also prohibits employers from using information obtained from an applicant’s criminal history about their prior cannabis use, with some exceptions. For more on the latest developments in employment law, visit our blog here. If you believe your employer may have violated workplace laws, click here to get in touch with our office. Lauren Teukolsky was formally inducted as a Fellow of the College of Labor and Employment Lawyers (CLEL) over the weekend at the organization’s Annual Induction Dinner in Seattle, Washington. Ms. Teukolsky’s induction comes after being elected a CLEL fellow in 2022. CLEL consists of the most accomplished members of the American labor and employment law community. The College was established in 1995 as a non-profit professional association honoring the leading labor and employment lawyers nationwide but has since expanded its function to serve as an educational and professional resource for lawyers, law students, labor unions, advocacy groups, and the general public. According to the College, its purpose is “to promote achievement, advancement, and excellence in the practice of labor and employment law.” The process of becoming a CLEL Fellow is rigorous. Potential Fellows must first be nominated by two current Fellows in good standing. Nominees are then reviewed and evaluated by Circuit Credentials Committees and the Board of Governors. Only those who have met CLEL’s qualifications for at least 20 years are eligible for election. To learn more about CLEL, click here. To learn more about Ms. Teukolsky, her firm, and her decades-long commitment to California’s workers, click here. Lauren Teukolsky’s “Wage and Hour Case Notes” were published in the November 2023 edition of the California Labor and Employment Law Review. Ms. Teukolsky’s column describes seven new decisions from California and federal appellate courts that affect wage-and-hour law. Among the cases are significant rulings regarding reimbursements for pandemic era work-from-home expenses, arbitration exemptions for transportation workers, time entry rounding, and one of the first appellate applications of Adolph v. Uber, among other topics.
Wage-and-hour law is an ever-changing field with new appellate decisions that often reshape the legal landscape. Ms. Teukolsky has navigated those appellate decisions for over 20 years and is an expert in both state and federal wage-and-hour law. She speaks frequently on wage-and-hour topics at national and state conferences and is regularly quoted by media outlets for her insights on the topic. The California Lawyers Association (CLA) is a voluntary statewide bar association. Its mission is to “promote excellence, diversity and inclusion in the legal profession and fairness in access to justice and the rule of law.” Ms. Teukolsky’s “Wage and Hour Case Notes” are published on a quarterly basis by CLA’s Labor and Employment Law Section. To read Ms. Teukolsky’s article in its entirety, click here. If you would like to speak with Ms. Teukolsky about a wage-and-hour matter, click here. |
AuthorLauren Teukolsky is the founder and owner of Teukolsky Law, A Professional Corporation. Archives
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