Ninth Circuit reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code’s wage statement and meal-break provisions.
Magadia v. Wal-Mart Associates, Inc., No. 19-16184, 2021 WL 2176584 (9th Cir., May 28, 2021) - Summary: An employee lacks Article III standing to bring a PAGA claim in.
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On May 28, 2021, the Ninth Circuit Court of Appeals handed Walmart a groundbreaking win in a wage-and-hour class and California Labor Code Private Attorneys General Act (“PAGA ) action. Reversing a nearly $102 million verdict against Walmart, the Ninth Circuit held in
Magadia v. Wal-Mart Associates, Inc., No. 19-16184, (1) that an employee does not have standing to bring a PAGA claim in federal court for a Labor Code violation that he or she did not suffer personally, and (2) that employers may true up overtime rates later affected by bonus or incentive payments by making lump sum payments on wage statements without specifying a corresponding hourly rate.
Arts Associates China-themed exhibit speaks volumes on culture
Patrick Tine
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Installation view of Coming of Spring” at the Arts Associates in Albany. (Patrick Tine)Patrick TineShow MoreShow Less
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Installation view of Coming of Spring” at the Arts Associates in Albany. (Patrick Tine)Patrick TineShow MoreShow Less
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Installation view of Coming of Spring” at the Arts Associates in Albany. (Patrick Tine)Patrick TineShow MoreShow Less
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The quickest way to get from downtown Albany to Art Associates Gallery, the quirky frame shop with a dedicated gallery space on an otherwise unwelcoming industrial stretch of Railroad Avenue, is to take I-90 west. On a recent morning, a banner bearing the name of an organization the Anti-Defamation League calls anti-Semitic, racist and white supremacist hung from the overpass at the Loudonville/Arbor Hill exit. It had been removed by the time I made my way to see “Comin