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Court Grants Class Certification for Group of Employees seeking Mileage Reimbursement

In a lawsuit brought by Brian Rogers and Amy Casey on behalf of themselves and similarly situated employees known as Brian Rogers , Amy Casey v. THD At Home Services dba Home Depot, et al, Case No. 5:14-cv-02069-JGB-SP, pending before the Honorable Jesus G. Bernal in the United States District Court for the Central District of California (the “Action”) Richard E. Quintilone II Esq. of Quintilone & …

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Andrews v. Ashley Furniture – New California Class Action Complaint seeks reimbursement of employee expenses under Labor Code section 2802.

Quintilone & Associates has filed a class action where Plaintiff Israel Andrews (“Plaintiff”) seeks reimbursement for expenses incurred while working as a Sale Associate for Stoneledge Furniture LLC.  Stoneledge sells furniture under the Ashley Furniture brand of stores throughout California. Ashley Furniture Industries Inc. is the sole member of Stoneledge Furniture LLC, the Limited Liability Company that employed Plaintiff and …

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Quintilone & Associates reaches a Class Action settlement with Sprint over Unpaid Wages

In a lawsuit brought by Viet Bui and Christina Avalos-Reyes on behalf of themselves and similarly situated employees known as Viet Bui et al. v. Sprint Corporation, a Sprint Communications Company, L.P., et al., No. 2:14-cv- 02461-TLN-AC, pending before the Honorable Troy Nunley in the United States District Court for the Eastern District of California (the “Action”) Quintilone & Associates …

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Lubin v. The Wackenhut Corp. – New Statistical Class Certification Opinion

Sample your way to Class Certification – California’s Second Appellate District holds statistical sampling may be used to certify a class, and also clarification on what constitutes an “injury” for a pay stub claim. On November 21, 2016, California’s Second Appellate District ruled that the used of statistical sampling can be used to certify a class of employees in a …

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New Overtimes Rules Start December 1, 2016 

With the holidays right around the corner it is important to make sure your company is in compliance with the new overtime rules that will effect over 390,000 California employees. The U.S. Department of Labor (“DOL”) has announced the highly anticipated federal overtime rule under the Fair Labor Standards Act (“FLSA”).  According to the White House, an estimated 4.2 million …

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Nguyen v. Applied Medical – Arbitrator Decides Whether Class Claims Proceed

The Fourth Appellate District, Division Three, recently held in Nguyen v. Applied Medical, that the question of whether an arbitration clause in an employment agreement contemplates class claims is a question for the arbitrator to decide, not the Superior Court. The Class Action Complaint On September 30, 2014, Da Loc Nguyen filed a putative class action complaint against Applied Medical …

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California PAGA Amendments Passed July 1, 2016

With the stated purpose of reducing “unnecessary litigation” and lowering the cost for employers doing business in California, on June 27, 2016 Governor Brown signed  SB 836, an amendment to California’s Private Attorneys General Act (“PAGA”) as well as a host of other laws.  The PAGA grants employees the authority to sue for Labor Code violations on behalf of themselves and other employees …

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Ninth Circuit Holds individual testimony regarding damages does not defeat class certification

The Ninth Circuit recently affirmed the United States District Court’s granting a motion for class certification holding where a complaint alleges a company violated the law in the same way as to each member of a large class of employees, finding class certification is proper.  “[T]he need for individual damages calculations does not, alone, defeat class certification.” Vaquero v. Ashley …

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Outside Sales in California Not Always An Easy Sell

California employment law recognizes two types of commissioned employees: (1) outside salespersons (Labor Code  § 1171) and (2) inside salespersons (8 Cal.C.Regs. § 11040, 11070).  Whether you are an employer or employee, it is important that you familiarize yourself with the basic rules as they are not always clear. In the past few years, California courts have witnessed a substantial …

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Ninth Circuit Issues New Tip on Tip Pooling in California

The Ninth U.S. Circuit Court of Appeals issued a new tip pooling decision in Oregon Restaurant and Lodging Association v. Perez and consolidated case Cesarz, Ngoc Tang v. Wynn Las Vegas LLC, 14-15243 (Feb. 23, 2016). 2016 DJDAR 1809, 2016 WL 706678 , 2016 U.S. App. LEXIS 3119, relating to  a practice common in restaurants statewide and across most of the west …

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Quintilone & Associates focuses in Class Actions, Employment Law, Personal Injury, and Business Litigation in Orange County, CA area.