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.
0 Comments
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. Last Saturday was the deadline for California Governor Gavin Newsom to either sign or veto the roughly 1,000 bills that made it to his desk. Below is a recap of some of the most notable employment bills that the Governor signed or vetoed.
Higher Minimum Wages Governor Newsom signed a pair of bills, AB 1228 and SB 525, that set higher minimum wages for workers in the fast food and healthcare industries. Under AB 1228, fast-wood workers’ minimum wage will be bumped to $20 an hour in April. Hundreds of thousands of healthcare workers in the state will see their minimum wage eventually increased to $25 an hour under SB 525. Employers Lose a Delay Tactic SB 365 allows employment lawsuit proceedings to move forward, rather than pause, when defendants appeal orders denying a request to compel arbitration. Governor Newsom signed the bill, effectively undercutting a tactic that sometimes-allowed employers to delay cases for years at a time. More Paid Sick Days Starting next year, California’s workers will be entitled to at least five days of paid sick leave, up from the current minimum of three days, as a result of Governor Newsom signing SB 616. Family Caregiver bill Nixed In a defeat for employees, the Governor vetoed AB 524, a bill that would have added “family caregiver status” to the list of protected characteristics that employers cannot consider when making employment decisions such as hiring and firing. No Unemployment Benefits while on Strike SB 799 would have allowed workers to collect unemployment insurance benefits while on strike. Governor Newsom vetoed the bill, citing the multi-billion-dollar debt that California’s unemployment insurance program incurred to keep benefits flowing during the pandemic. To see what other important employment bills were signed and vetoed by the Governor, click here. Lauren Teukolsky was quoted in a Thursday Law360 article on California’s newest U.S. senator, Laphonza Butler. Butler was appointed by Governor Gavin Newsom and sworn in earlier this month to fill the seat of Dianne Feinstein, who passed away after representing California on Capitol Hill for over three decades. The Law 360 article discusses Senator Butler’s background, and her mixed experience regarding workers’ rights.
Butler’s greatest achievement for California’s workers came during her time as president of SEIU (Service Employees International Union) Local 2015, where she helped with the “fight for $15,” a movement that led to 2016 California legislation that eventually increased the state’s minimum wage to $15 an hour. Afterwards, however, Butler joined the private sector and worked for Uber, a company that has gone to great lengths to avoid having to classify its drivers as employees. The corporate background has led to some concerns regarding Butler’s commitment to workers. In Law360’s article, Ms. Teukolsky expressed cautious optimism about Butler: “’Her time working in corporate America was relatively brief, if you look at the entirety of her career,’ Teukolsky said. ‘She does seem to be progressive and have workers' rights at the forefront, and hopefully whatever time she spent working for Uber was an aberration or a blip.’” To read the Law360 article in its entirety, click here. To learn more about Lauren Teukolsky and Teukolsky Law, click here. Lauren Teukolsky was quoted by Bloomberg Law and Law.com in a pair of articles this week on the CA Supreme Court’s Monday decision in Adolph v. Uber Technologies, Inc.. In the highly anticipated ruling, the Court held that the state’s workers could continue to pursue representative PAGA labor claims even if their individual labor claims were forced into arbitration. The Court’s ruling is considered a huge win for California’s workers. PAGA (Private Attorneys General Act) is a state law that authorizes employees to collect civil penalties for violations against themselves and their coworkers on behalf of California’s Labor Commissioner, which has struggled to manage a backlog of cases for the past several decades. Arbitration is a private dispute resolution process that overwhelmingly favors employers and shields corporations from public scrutiny and accountability. Employers frequently require their employees to sign agreements stipulating that all claims made by them will be resolved in private arbitration as opposed to being litigated through the courts, a process that is public and more favorable to workers. A ruling in Uber’s favor would have made it very difficult to bring PAGA cases forward – due to the prevalence of arbitration agreements – and would have seriously eroded workers’ ability to enforce the state’s labor laws. Uber’s lawyers have indicated that the company is considering appealing the Court’s decision. According to analysis Ms. Teukolsky published on LinkedIn, the U.S. Supreme Court is unlikely to hear such an appeal, especially in light of its 2022 decision in Viking River Cruises, Inc. v. Moriana. She said, “It's unlikely SCOTUS will hear a case from a state supreme court involving entirely state-law issues; there must a federal question involved.” 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 access the Law.com article in its entirety, click here. As Southern California Summer travel ramps up, 15,000 hotel WORKERS vote to authorize strike6/12/2023 Last week, UNITE HERE Local 11, a union that represents service and hospitality workers across the American Southwest, asked 15,000 of its southern California members to vote on a strike authorization. Workers overwhelmingly voted to authorize the strike, with 96% of Local 11 members voting in favor. The strike authorization is a significant step towards convincing the region’s hotel operators to consider pay increases for their workers, many of which struggle to make ends meet. Local 11’s move comes less than a month before 62 of its contracts with Southern California hotels are set to expire. For months, the union and hotels have attempted to negotiate new agreements but have failed to reach a consensus on Local 11’s proposals, including pay increases for its members and other provisions meant to address employees’ healthcare, pensions, work eligibility, and issues related to understaffing. As California has emerged from the pandemic, the hospitality and tourism industries have roared back, with visitor spending expected to set new records in 2023. However, the workers that form the backbone of the two industries have largely not reaped the rewards of rebound. Rent hikes and increased living costs continue to force many hotel workers out of their homes while their employers fail to address persistently low wages. Teukolsky Law stands in solidarity with Southern California’s hotel workers and commends the work Local 11 is doing to ensure workers are fairly compensated and protected heading into the summer. Lauren Teukolsky’s “Wage and Hour Case Notes” were published in the March 2023 edition of the California Labor and Employment Law Review, describing six new decisions from California and U.S. appellate courts that affect wage-and-hour law. The column discusses arbitration agreements with wholesale PAGA waivers, California’s “outside salesperson” exemption, and the state’s first published appellate court decision to discuss Viking River’s impact on a motion to compel arbitration in a PAGA case, among other topics. Wage-and-hour law is a dynamic field, with new appellate decisions that regularly reshape the legal landscape. Ms. Teukolsky is an expert in California wage-and-hour law and federal wage-and-hour law, and speaks frequently on wage-and-hour topics at national and state conferences. Her “Wage and Hour Case Notes” are published on a quarterly basis by the California Lawyers Association’s (CLA) Labor and Employment Law Section. CLA is a voluntary 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.” 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 to get in touch. Last month, Bloomberg Law quoted Lauren Teukolsky in an article about the differing approaches taken by California Superior Courts and federal courts towards representative Private Attorneys General Act (PAGA) claims in the months since the U.S. Supreme Court ruled in Viking River Cruises, Inc. v. Moriana. In Viking River, the majority held that employers could force arbitration of workers’ individual claims under PAGA, a California law that allows workers to sue companies for employment law violations on behalf of the state. However, the decision was written in a way that essentially left the fate of representative PAGA claims in the hands of California’s lower courts. For the most part, federal courts have strictly adhered to the Supreme Court’s ruling, sending individual claims to arbitration, and dismissing representative PAGA claims in over half of the decisions analyzed by Bloomberg Law. According to research conducted by Ms. Teukolsky, California’s state courts have taken a different tack. The article states: “In sharp contrast, state trial courts dismissed representative claims after moving individual claims into arbitration in just six of 75 decisions collected and analyzed by Lauren Teukolsky of the plaintiff-side firm Teukolsky Law PC. Bloomberg Law independently reviewed those decisions […] The trend of state courts not dismissing non-individual PAGA claims is a huge victory for workers in the state of California,” Teukolsky said. The fate of PAGA will likely be decided in Adolph v. Uber, which is currently pending before the California Supreme Court. Ms. Teukolsky is frequently cited in news publications for her commentary on developments in employment law, including a pair of Bloomberg Law and Daily Journal articles in 2022 that featured her commentary on Viking River. Ms. Teukolsky also discussed the case on several panels organized by the Los Angeles County Bar Association, the California Employment Lawyers Association, and the College of Labor and Employment Lawyers, the preeminent peer-selected organization of labor and employment lawyers in the United States. To learn more about Ms. Teukolsky’s experience, click here. To read the article in its entirety, click here. If you believe you’ve been treated unlawfully in the workplace and want to get in touch with our office, click here. Lauren Teukolsky’s “Wage and Hour Case Notes” were published in the November 2022 edition of the California Labor and Employment Law Review, describing six new decisions from California and U.S. appellate courts that affect wage-and-hour law. The column discusses summary judgment standards governing suitable seating cases, reverse auctions in PAGA cases, PAGA lawsuits following the settlement of individual Labor Code claims, and federal class certification standards. Wage-and-hour law is a dynamic field, with new appellate decisions that regularly reshape the legal landscape. Ms. Teukolsky is an expert in California wage-and-hour law and federal wage-and-hour law, and speaks frequently on wage-and-hour topics at national and state conferences. Her “Wage and Hour Case Notes” are published on a quarterly basis by the California Lawyers Association. To read Ms. Teukolsky’s article in its entirety, click here. If you would like to consult with Ms. Teukolsky on a wage-and-hour matter, use this page to get in touch. Lauren Teukolsky published in November 2022 issue of California Labor & Employment Law Review11/2/2022 An article by Lauren Teukolsky was published in the November 2022 issue of the California Labor & Employment Law Review. In the article, Ms. Teukolsky discusses the history of Viking River Cruises, Inc. v. Moriana, a recently-decided U.S. Supreme Court case that has been closely monitored by worker’s advocates and corporate counsel alike. The article was co-authored with Michael Rubin, a renowned employment law attorney who represented Ms. Moriana before the U.S. Supreme Court. The article discusses the legal strategies used at the Supreme Court, what was (and wasn’t) decided in Viking, and why California trial courts have almost uniformly refused to be bound by the majority’s state-law-based holding in Part IV of the decision. Ms. Teukolsky has fought to protect employee’s rights for over 20 years and is an expert in employment law. She recently discussed Viking in a pair of panels hosted by the College of Labor and Employment Lawyers and the California Employment Lawyers Association. Her commentary on the Supreme Court case was also featured in an article by Bloomberg Law. The California Labor & Employment Law Review is an official publication of the California Lawyers Association (CLA) Labor and Employment Law Section. CLA is a nonprofit, voluntary bar association serving thousands of licensed attorneys throughout California. To read the article in its entirety, click here. To get in touch with our office, click here. |
AuthorLauren Teukolsky is the founder and owner of Teukolsky Law, A Professional Corporation. Archives
April 2024
Categories
All
|