

Catching up with employee labor lawyer, Karl Gerber, was
difficult. First, he traveled between multiple offices
throughout California. Then, I realized he appeared in
courts across the state. Finally, once a multi-plaintiff
wage and hour arbitration was done he found time for this
article.
Initially Gerber met four phlebotomists in his Riverside
office. There was a fifth but she was a present employee so
she dropped out of the case because she feared retaliation.
These employees signed an arbitration agreement which
prevented them from proceeding as a class action. Gerber
knew this when he took the case, but believed the employees
had been wrongly denied the opportunity to take meal or
rest breaks. They also worked off-the-clock without
pay.
Utilizing the Private Attorney General Act Gerber filed a
second action in court for PAGA penalties. The California
Supreme Court has ruled PAGA actions are not beholden to
arbitration. The PAGA trial is set for May and will involve
all California facilities of West Pacific Labs. In the PAGA
action Gerber was allowed to send questionnaires to the
other phlebotomists who worked for West Pacific Labs. A
number of phlebotomists from West Pacific Labs responded to
the questionnaires indicating they suffered the same labor
abuses as Gerber's clients.
The purpose of the meeting with Gerber, however, was not
merely to discuss his recent arbitration. He was supposed
to provide the view of a lawyer who represented workers on
the number of newly enacted labor laws in California.
For some time now, every year the California legislature
has enacted new provisions of the California Labor Code.
Many of these new statutes apply to employers of all sizes.
Many of these newly enacted statutes are difficult to
understand, for even a labor lawyer, Gerber said.
When asked whether Gerber believed these newly enacted laws
promoted new lawsuits he said it depended on the new law.
Some, such as PAGA, led to volumes of litigation. Other
statutes, such as California Sick Pay rules and rules
pertaining to time off to go to children's schools were not
hot ticket items in Gerber's opinion.
Contact Karl Gerber
Ok folks, I got permission from the author to post the
above, but if you want to read the rest of her article I
guess you have to subscribe to her news service. Once this
goes to hard copy I will let you know where you can find
it!
#locallaborlawyer #wagelawyer