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Author Archive for: ‘Rich’

California Governor signs Pay Transparency for Pay Equity Act

California Governor signs Pay Transparency for Pay Equity Act Following up with a Law.360 report, Governor Gavin Newsome signed a new California law requiring employers to disclose salary ranges on job listings and could encourage many employers to voluntarily opt for transparency, attorneys say.  The law seems to be aimed at employee leasing companies that provide thousands of employees in …

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California Governor bestows Labor Day Gift to Fast Food Workers

Happy belated Labor Day, we were all off of work on September 5, 2022. Governor Newsom signed California Assembly Bill 257, the Fast Food Accountability and Standards Recovery Act [or “FAST Recovery Act”, on Monday, September 5, 2022. The new law establishes yet another committee, the Fast Food Sector Council [I hate most fast food but I’d love a seat at the burger table] to regulate California’s fast food restaurants

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California Supreme Court Adopts “Contributing Factor” Standard for Whistleblower Claims

California Supreme Court Adopts “Contributing Factor” Standard for Whistleblower Claims The California Supreme Court held in Lawson v. PPG Architectural Finishes, Inc., (2022) 12 Cal.5th 703, the Court eliminated the McDonnell Douglas burden-shifting test.  This test was previously applied to whistleblower and retaliation claims under California Labor Code section 1102.5. California Labor Code section 1102.5 provides whistleblower protections to employees …

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The United States Supreme Court Ruling in Viking River Cruises, Inc. v. Moriana impacts California PAGA litigation

The United States Supreme Court Ruling in Viking River Cruises, Inc. v. Moriana impacts California PAGA litigation Introduction to PAGA The Labor Code Private Attorneys General Act (“PAGA”) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations.  PAGA afforded employees in California the right to file …

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United States Supreme Court Rejects Prejudice Requirement for Employees Asserting that their Employer has Waived its Arbitration Right When it Litigates before Moving to Compel Arbitration

United States Supreme Court Rejects Prejudice Requirement for Employees Asserting that their Employer has Waived its Arbitration Right When it Litigates before Moving to Compel Arbitration In a unanimous decision issued on May 23, 2022, the Supreme Court in Morgan v. Sundance (596 US _ (2022)) held that courts may not make up new procedural rules based on the Federal …

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Estrada v Royalty Carpet Mills Creates Split of Authority in California Court of Appeal over PAGA Manageability Requirement

Estrada v Royalty Carpet Mills Creates Split of Authority in California Court of Appeal over PAGA Manageability Requirement Motions to strike PAGA claims have been many defense law firms’ favorite “flavor of the year” lately. From holding up a settlement or causing delays in a PAGA trial or worse, forcing your expert witness to testify multiple times to run up …

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Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 is expected to become law in 2022

On February 10, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act and sent the Act to President Biden for signature. President Biden is expected to sign the bill this week, which will become law immediately upon signature by the President. This Act makes pre-dispute arbitration agreements relating to sexual assault or sexual harassment void. Similarly, any class …

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Group of Northern California Nurses get class certification in unpaid wage class action in Allison v. Dignity Health

Group of Northern California Nurses get class certification in unpaid wage class action in Allison v. Dignity Health Quintilone & Associates (https://www.quintlaw.com/our-team/) and a team of attorneys from The Markham Law Firm (http://www.markham-law.com/) obtain class certification for up to 3,000 nurses in a group of hospitals managed by Dignity Health.  David Markham Esq. handled the oral argument with briefing handled …

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US Supreme Court Justices Deny OSHA Vax-Or-Test Rule But Clear Health Care Mandate

US Supreme Court Justices Deny OSHA Vax-Or-Test Rule But Clear Health Care Mandate As reported by Law360, the U.S. Supreme Court overruled the OSHA and administration’s vaccine-or-testing rule for private businesses with at least 100 employees, but let a stricter yet narrower rule aimed at the health care industry take effect nationwide. The U.S. Supreme Court blocked a vaccine-or-testing rule …

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Mendoza, Harrison, et al. v. Bank of America, Court approves $3.4 Million in Fees for wage suit

As reported by Law360 (November 29, 2021) – with the help of Quintilone & Associates and teams of other lawyers a California federal judge awarded $3.4 million in fees as part of an $11.5 million settlement.  This Order comes after final approval of Bank of America’s $11.5 million settlement to over 25,000 tellers, personal bankers, and operations managers to resolve …

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