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Paul Zimmerman

Showing 3 posts from August 2017.

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The PAGA Saga: Expanded Discovery Rights for Plaintiffs

The scope of discovery just got a bit broader in cases brought under the Private Attorneys General Act of 2004. In so-called PAGA actions – by which an employee may pursue a private right of action on behalf of himself/herself and aggrieved third parties against an employer to collect penalties for particular labor violations – an employer is now generally compelled to produce the contact information of all its employees when asked for such information by an employee plaintiff. Such was the recent ruling in Williams v. Superior Court, in which the California Supreme Court determined that the latitude for discovery in PAGA actions is essentially the same as that in class actions. (Read More)

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cla78 ©

Suitable Seating Laws in California: Do Not Read While Standing

Picture this: a grand and bustling hotel lobby bathed in light, impeccably designed, and furnished with beautiful seating areas where guests lounge and enjoy. Adjacent to the stunning lobby, and just steps from the hotel’s entrance, is the busy front desk, staffed by attentive, smartly dressed employees answering questions, checking guests into rooms, and otherwise accommodating all those who approach them.

Noticeably absent from anywhere behind the front desk, however, is a place for these employees to sit. And while it is no surprise that hotel staff is not provided with plush chairs and couches like those adorning the lobby, the lack of suitable seating could raise red flags given the California Supreme Court’s relatively recent clarification of the issue in Kilby v. CVS Pharmacy, Inc., a class action suit brought on behalf of pharmacy cashiers and bank tellers for violation of certain California Wage Orders issued by the California Industrial Welfare Commission (“Wage Orders”). (Read More)

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Alexander Kirch ©

Buying Insurance? There's an App for That

Lemonade, an insurance startup offering renters, condominium, and homeowners insurance, has recently expanded to offer policies in California and Illinois, after launching in New York last year. The company hopes to market insurance to millennials by borrowing marketing strategies that have served other industries well in reaching that demographic: a charitable element, along with app-based service and purchasing. (Read More)