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8 Nov, 2006 4:30 pm by Walsh & Walsh, P.C.
... and ordered Ralphs to pay $50 million in restitution to an 19,000 workers and their unions. Attorneys for the company reported to the court that the workers have already been paid. The worker restitution awards were intended to cover seven ... this month that several law firms may be facing an investigation into their role in the criminal conduct by their Ralphs Grocery Co. officials. The plea agreement included a waiver of some attorney-client privileged communications. Those communications could ...
Wage Law - http://wagelaw.typepad.com/wage_law/
23 Aug, 2007 2:47 pm
The California Supreme Court decision today in Prachasaisoradej v. Ralphs Grocery, finally clarified once-and-for-all that employer profit-based incentive plans are permissible in California. For the uninitiated, this might seem like ... some of which resulted in multi-million dollar settlements) was that the employer's plans illegally required workers to foot part of the bill for the company's business expenses because any increase in expense items could result in lower wages. The Ralph's Groceries ...
California Labor and Employment Defense Blog - http://www.vtzlawblog.com/
24 Aug, 2007 11:08 pm by Walsh & Walsh, P.C.
... , 400 through 410, or 3751, or (c) California Code of Regulations, title 8, section 11070? Ralphs Grocery Company, Inc. implemented a written incentive compensation plan whereby certain employees of each store were eligible ... ] did not create an expectation or entitlement in a specified wage, then take deductions or contributions from that wage to reimburse Ralphs for its business costs. At the outset, all Plan participants received, regardless of the store's performance, their guaranteed normal ...
Wage Law - http://wagelaw.typepad.com/wage_law/
23 Aug, 2007 10:53 am by Kimberly A. Kralowec
In Prachasaisoradej v. Ralph's Grocery Co., ___ Cal.4th ___ (Aug. 28, 2007), the Supreme Court held 4-3 that the plaintiff employee had not ... : We confront a significant question of California wage law. Defendant Ralphs Grocery Company, Inc. (Ralphs), a supermarket chain, implemented a written incentive compensation plan (ICP or ... employees to contribute to them. Slip op. at 1. It concludes: [W]e hold that Ralphs' profit-based supplementary ICP, designed to reward employees beyond their normal pay ...
Tags: Court, Supreme, UCL
The UCL Practitioner - http://www.uclpractitioner.com/
22 Aug, 2007 6:30 pm by Kimberly A. Kralowec
Today, the Supreme Court announced that it will hand down its decision in this case tomorrow: PRACHASAISORADEJ (EDDY) v. RALPHS GROCERY COMPANY, INC. S128576 (B165498/B168668 - Los Angeles County Superior Court - BC254143) Argued in Los Angeles 6-06-07 ... section 11070? When the decision is posted at 10:00 a.m., it should be available at this link. My prior posts on the case are here, here, and here. The Court of Appeal's opinion is Prachasaisoradej v. Ralphs Grocery Co., 122 Cal.App.4th 29 (2004).
Tags: Court, Supreme, UCL
The UCL Practitioner - http://www.uclpractitioner.com/
11 Apr, 2008 6:00 am by Kimberly A. Kralowec
... ) disposed of one of those Gentry "grant and hold" remand cases. Massie v. Ralph's Grocery Co., no. B187844 (nonpub. opn. Apr. 7, 2008). The case has been remanded back to the trial court for it to decide, in the first instance, whether the arbitration provisions are ... and prohibit proceedings on a class or representative basis. In a prior opinion, we affirmed. (McLeod v. Ralphs Grocery Company (May 14, 2007, B187844/B187854) [nonpub. opn.], review granted Aug. 8, 2007, ...
The UCL Practitioner - http://www.uclpractitioner.com/
15 Dec, 2008 7:00 pm by Walsh & Walsh, P.C.
Ralphs Grocery Company has lost some high profile attempts to enforce its employee arbitration ageements, but it recently won one in Macias v. Ralphs Grocery Co. (2nd App. Dist, Div 2, Case No. B202625) , wherein the trial court denied their ... the order was reversed on appeal. The Second District did not publish the opinion. No petition for review was filed, but Ralphs sought publication of the opinion, and the Supreme Court denied the publication request.
Wage Law - http://wagelaw.typepad.com/wage_law/
1 May, 2008 3:00 pm by Walsh & Walsh, P.C.
... he was agreeing to mandatory arbitration, and thus could not be bound by a "dispute form" used by Ralphs Grocery for its dispute resolution process. The company's policy provides an agreement to arbitrate as part of the request for dispute resolution. The form is ... I don't think I can find there is . . . in the real world a meeting of the minds between Mr. Metters and Ralphs based on this." Thus, The record contains substantial evidence to support the trial court's finding that there was no valid ...
Wage Law - http://wagelaw.typepad.com/wage_law/
25 Jun 9:35 am by Richard Binder
... -out union workers and falsify records during a grocery strike. Acquitted Monday were Patrick McGowan, a former Ralphs regional vice president, and Scott Drew and Karen Montoya, who were zone managers at the supermarket company. The three were among those charged last September in a 23-count federal indictment ... hide the activity from unions and the federal government during the 2003-04 Southern California grocery strike. Two others named in the indictment have since pleaded guilty. Click these ...
The National Law Journal's L.A. Legal Pad - http://www.lalegalpad.com/
22 Jun 6:51 am by Jonathan Hayter
A former vice president of the parent company of Ralphs supermarkets, and two ex-employees of the chain were acquitted today in Los Angeles federal court of conspiring to secretly hire locked-out union workers and falsify records during a grocery strike, reports the Orange County Register. The three were among those charged ... activity from unions and the federal government during the 2003-04 Southern California grocery strike. Two others named in the indictment have since pleaded guilty. Read ...
The National Law Journal's L.A. Legal Pad - http://www.lalegalpad.com/
4 Jul 5:50 pm
... location(s) received assorted beef products that have been recalled by JBS Swift Beef Company. This list may not include all retail locations that have received the recalled product or may ... MO-Missouri 80 STRAUBS 15830 FOUNTAIN PLAZA DRIVE ELLISVILLE MO-Missouri 81 Fairway Groceries 14100 Redfield Drive Eugene MO-Missouri 82 John's Super 960 Isley Excelsior ... -Missouri 244 QUEEN'S MARKET 48 GANNON SQUARE PEVELY MO-Missouri 245 RALPH'S SUPERMARKET 323 BUSINESS HH PIEDMONT MO-Missouri 246 TOWN & ...
Springfield Injury Law Blog - http://www.springfieldinjurylawblog.com/
13 Aug, 2007 6:00 am by Kimberly A. Kralowec
... Wednesday, August 8, 2007, the Supreme Court issued a "grant and hold" order in another case involving a no-class-action arbitration clause. Massie v. Ralph's Grocery Co., no. S153059. Briefing is deferred pending resolution of Gentry v. Superior Court, ... District, Division Seven) affirmed an order denying an employer's petition to enforce the arbitration clauses in its company dispute resolution policies, citing Discover Bank. Here are the Court of Appeal's unpublished opinion ...
The UCL Practitioner - http://www.uclpractitioner.com/
24 May, 2007 3:00 pm by Walsh & Walsh, P.C.
... basis, or otherwise, including without limitation in connection with the following litigation: Eddy Korkiat Prachasaisoradej vs. Ralphs Grocery Company, Los Angeles County Superior Court Case No. BC254143 (commenced July 13, 2001), ... no benefit whatsoever; to the contrary, it seriously jeopardizes [employees'] rights by prohibiting any effective means of litigating [Ralphs'] business practices. This is not only substantively unconscionable, it violates public policy by granting [Ralphs] a 'get ...
Wage Law - http://wagelaw.typepad.com/wage_law/
16 Apr, 2008 8:10 am by Alayna Schroeder
... Sam Metters, complained of the discrimination and harassment to his employer, Ralphs Grocery Company. On two occasions, Ralphs sent Metters a letter and "Notice of Dispute & ... sign and return the form. He understood that he had to do so to have his claims investigated, and he signed. When he later sued the company ... problems with the process too - the employee said he wasn't given a copy of the company's "Mediation & Binding Arbitration Policy," which was referred to in the arbitration clause ...
Nolo’s Employment Law Blog - http://blogs.nolo.com/employmentlaw
28 Apr, 2008 4:00 pm by Walsh & Walsh, P.C.
The Supreme Court published a case last year regarding the interplay between company expenses and losses and the payment of profit-sharing bonuses to employees. Prachasaisoradej v. Ralphs Grocery Company, Inc. (2007) 42 Cal.4th 217. We previously discussed the case in a post found at this link. A few months later, the court entered an order awarding $275,000 in attorney's fees to Ralphs Grocery. Prachasaisoradej appealed. The Supreme Court denied review. End of story.
Wage Law - http://wagelaw.typepad.com/wage_law/
23 Aug, 2007 1:56 pm
... my ear. No more. A sliver of sanity was restored today. The California Supreme Court decided in PRACHASAISORADEJ v. RALPHS GROCERY COMPANY, INC., that such bonuses are perfectly legal. That is, employers no longer have to fear giving extra compensation to ... , to determine the store's profit, upon which the supplementary incentive compensation payments were calculated. By doing so, Ralphs did not illegally shift those costs to employees. After fully absorbing the expenses at issue, Ralphs simply ...
What's New in Employment Law? - http://shawvalenza.blogspot.com/index.html
3 Apr, 2008 1:23 pm
... of Appeal recently dealt another blow to arbitration agreements in the employment context. In Metters v. Ralphs Grocery Company, the court affirmed the denial of a motion to compel arbitration of a discrimination and harassment case. The plaintiff ... Notice of Dispute and Request for Resolution Form," to submit his discrimination and harassment claims to the Company for internal investigation. The dispute resolution form contained an arbitration provision and when the employee eventually sued Ralph ...
California Labor & Employment Law Blog - http://www.callaborlaw.com/
4 Apr, 2008 12:50 pm by Sheppard Mullin
... arbitration agreement. Samuel Metters was an employee alleging racial discrimination and harassment against his employer, Ralphs Grocery. He claimed that a resolution dispute form with a binding arbitration clause was not an enforceable contract, ... Metters had provided information regarding his complaint outside of the dispute form, without any apparent action by the Company. The Court suggested that because the arbitration policy required an employee to submit the dispute form for the Company to ...
Labor Employment Law Blog - http://www.laboremploymentlawblog.com/
5 Apr, 2008 12:02 pm
... he was a victim of discrimination and harassment and complained to human resources, and to the President of the company via a hotline. Ralphs Grocery has a dispute resolution policy and an arbitration agreement that it includes with a request for dispute ... that is styled "arbitration agreement" or something similarly unambiguous. The trial court and court of appeal agreed that the Ralphs forms did not establish an "agreement to arbitrate" because there was no contractual "meeting of the minds." ...
What's New in Employment Law? - http://shawvalenza.blogspot.com/index.html
28 Aug, 2007 4:04 pm
... plans were also possibly unlawful until the California Supreme Court issued its recent decision in Prachasaisoradej v. Ralphs Grocery Co., Inc. In that ruling, the Court held that an employee bonus plan based on a profit figure ... a deduction of employer's expenses from its employees' individual commissions or bonuses. Rather, it provided supplemental compensation the company used to "encourage and reward certain employees' cooperative and collective contributions to the profitable performance of ...
Tags: Decisions, Court
California Labor & Employment Law Blog - http://www.callaborlaw.com/
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