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Two Recent Appellate Decisions For CALPASC Members To Reveiw

Thursday, September 17, 2020   (0 Comments)
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CALPASC members should be aware of two recent California appellate court rulings.
  1. In Alfredo Sanchez, et al., v. Miguel A. Martinez, the Third Appellate District ruled that Martinez(a farm labor contractor) owed Sanchez and the other aggrieved employees both premium hours and PAGA penalties for failing to separately pay for rest periods under a piece rate pay system. It didn't matter to the court whether or not the employees took their rest periods, Labor Code Section 226.2 requires all rest periods to be separately compensated when the employee is being paid a piece rate. You can read a copy of the ruling by clicking here
  2. In David Murray v. UPS Capital Insurance Agency, Inc. the Fourth Appellate District ruled that in certain circumstances, insurance brokers who have expertise in an area may be held to a higher standard for procuring the correct coverage. Murray shipped computer equipment through UPS and was advised to take out coverage through the UPS insurance agency, but the policy did not provide coverage when UPS damaged his equipment. You can read a copy of the ruling by clicking here

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