Topete v. Treasury Wines

Defended Treasury Wine Estates Americas Company in a putative class action by all current and former non-exempt employees who worked for in California in 2011 through 2016. Plaintiffs’ alleged Treasury failed to include all non-discretionary incentive pay in the regular rate of pay for overtime purposes; failed to provide second meal periods to its non-exempt employees on shifts over 10 hours; implemented an uneven time-rounding practice; and failed to maintain and issue accurate payroll records. Civil penalties were sought under the Private Attorneys General Act. Without formal discovery, we reached an early mediated resolution of all claims minimizing litigation costs for our client.

Firm Highlights

Publication

California Court Finds Shift Call-Ins May Trigger Reporting Time Pay

A California court has held that employees required to call their employers before a shift to determine whether they are assigned to work may be entitled to reporting time pay on days when they...

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Publication

California Supreme Court Clarifies Background Check Laws in California

Employers which use background checks in their hiring process without obtaining written authorization may wish to review their practices. The California Supreme Court has rejected an argument that employers could not reconcile the state’s two...

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Publication

Are You Background Checking Your Contractors? If So, Exercise Caution.

Employers who use background checks in their hiring processes are likely aware of the various requirements under the Fair Credit Reporting Act (FCRA) and analogous state statutes. They must provide clear disclosures and obtain...

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Publication

New California Employment Laws Will Require Significant Changes in 2019

California Governor Jerry Brown recently signed into law several bills that will have significant impact on employers’ workplace obligations. Effective January 1, 2019, the new laws will restrict nondisclosure agreements and certain settlement agreements covering...

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Publication

California to Implement Broad New National Origin Discrimination Protections

The California Fair Employment and Housing Council has published new regulations that increase protections from national origin discrimination, including expanding the definition of “national origin.” The regulations will take effect July 1, 2018. The regulations...

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Event

Cannabis and Employment Law

Rebecca Stephens will present the session "Cannabis and Employment Law" at the Network of Trial Law Firms' Litigation Management in a New York Minute – 2019 Edition event. Overview:  Medical marijuana is now legal in 33...

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Publication

California Supreme Court Declines to Apply Federal Excuse for Short Unrecorded Work Periods

By Doug Dexter , Holly Sutton , James Baker, and Brookes Degen In Troester v. Starbucks , a unanimous California Supreme Court held that California labor statutes and wage orders do not incorporate federal de...

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