Must an employer compensate 24-hour shift employee for on-site sleep time?

Posted by Steven Vartabedian on

In my December 18, 2013 blog article, I commented on the California Supreme Court action in granting review of and depublishing the Court of Appeal opinion in Mendiola v. CPS Security Solutions Inc. I noted there may be no safe haven to allow most employers to contract away employees’ claims for wages for employer-controlled sleep […]

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Employee security screening time in departing from warehouse work site is not compensable under FLSA, but California employers beware.

Posted by Steven Vartabedian on

The Federal Labor Standards Act of 1938 (FLSA), which provides minimum wage and overtime compensation to employees for hours worked per week in excess of 40, was amended by Congress in 1947 (Portal-to-Portal Act) to exempt an employer from liability for (1) time spent by employee traveling to work site, and (2) activities preliminary or […]

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Claim arbitrator exceeded his powers in defining “prevailing party” is not reviewable on attorney fee determination.

Posted by Steven Vartabedian on

In Safari Associates v. Superior Court (Tarlov) (filed 12/2/14) 2014 DJDAR 15943, Tarlov had been the managing partner of Safari. The parties reached a settlement of disputes arising from the termination of this relationship in the form of a release agreement. That agreement specified that Safari’s claim for reimbursement for personal expenses paid by Tarlov […]

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Underinsured motorist insurer is allowed to deduct from payment to insured monies received from third party general liability insurance.

Posted by Steven Vartabedian on

It is commonly assumed that underinsured motorist coverage pays a maximum of the difference between the underinsured coverage limit and the at-fault driver’s bodily injury limit. Not so. In Elliott v. Geico Indemnity Company (filed 11/19/14) 2014 DAR 15495, Christina Elliot’s husband was killed when his motorcycle was struck by a drunken driver, Lesa Shaffer, […]

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Is the manufacturer of alcoholic beverage the “furnisher” of for purposes of immunity from liability for product’s effect in causing injury?

Posted by Steven Vartabedian on

23-year-old Ron Fiorini was shot to death in Fresno, California, by police after he displayed bizarre behavior with a firearm. He had recently consumed two cans of a 23.5 ounce alcoholic beverage, purchased at a convenience store; the product was “Four Loko.”  This product contained as much alcohol (a depressant) per can as five to […]

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May a jury conclude that, although the availability of an employee’s vehicle confers some benefit on the employer, it did not confer sufficient benefit to render the employer vicariously liable for the negligent operation of the vehicle by employee while driving home from the workplace?

Posted by Dowling Aaron on

After exiting employer Tamco’s parking lot to go home, employee Luis Del Rosario’s vehicle collided with the motorcycle of San Bernardino County Deputy Sheriff Daniel Lobo, killing Lobo; Tamco was sued as a defendant in the wrongful death claim of Lobo’s heirs. Four years ago, in Lobo v. Tamco (2010) 182 Cal. App.4th 297 (Tamco […]

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In a wage and hour class action, where a corporation with no employees owns a corporation with employees, and the former exercises some control over the latter and its employees, may the former be an “employer” of the latter’s employees?

Posted by Steven Vartabedian on

The answer: yes, as stated in the very first paragraph of Castaneda v. Ensign Group, Inc. (filed 9/15/14) B249119, following rehearing.  There, the Court of Appeal, Second Appellate District, Division Six, reversed the summary judgment that had been granted dismissing Ensign from the action. Castaneda filed a class action on behalf of himself and other […]

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Does in-home caregiver assume the risk of injury caused by the acts of the Alzheimer patient that care was being provided to?

Posted by Steven Vartabedian on

In Gregory v, Cott (filed 8/4/14) 2014 DJDAR 10271, the family of 85-year-old Alzheimer patient Lorraine Cott had contracted with a home health care agency to assist her. The agency assigned its employee, plaintiff Carolyn Gregory, to perform services under this contract. Gregory was trained in caring for Alzheimer’s patients, had performed such assignments in […]

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Is evidence of shopping center’s subsequent remedial measure of hiring a security service admissible to prove causation of an armed robbery suffered by a tenant?

Posted by Steven Vartabedian on

In McIntyre v .The Colonies-Pacific, LLC (filed 7/31/14) D065469, at his jewelry store located in defendant’s shopping center, plaintiff McIntyre and his daughter were pistol whipped by two men who restrained them and robbed the store; McIntyre recognized the perpetrators as looking suspicious when they were in the store a week earlier. A few months […]

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