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Author Archive for: ‘Rich’

California AB 749 bans ‘no-rehire’ clauses after employee lawsuits in 2020

Beginning January 1, 2020, California workers who sue their employer and then settle their case no longer may be barred from future work with the employer as part of the settlement, according to a new law signed by Gov. Gavin Newsom, which adds California Code of Civil Procedure section 1002.5 “Agreements Settling Employment Disputes”  “No rehire” clauses have become a …

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Gonzales v. San Gabriel Transit Inc., CA Court of Appeal Applies Dynamex case retroactively in favor of employees

On October 14, 2019, the California Court of Appeal, Second District, Division 4, concluded in a class action case Gonzales v. San Gabriel Transit Inc. 2019 WL 4942213 that the California Supreme Court’s Dynamex Operations West Inc. v. Superior Court (2018) 4 Cal.5th 903, decision applies retroactively. Recall that Dynamex embraced smaller states so-called “ABC” test to determine who is subject to …

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ZB, N.A. v. Superior Court (SC S246711 9/12/19) Plaintiffs can recover Civil Penalties under PAGA not individual wage penalties

This case concerns a PAGA action seeking civil penalties under California Labor Code section 558.  The core state law issue in the is whether the California Legislature intended the designated “civil penalties” recoverable by the State in a public enforcement action under California Labor Code Section 558 to be recoverable in a private, qui tam-like representative enforcement action under PAGA. …

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Former USC Linebacker Lamar Dawson and NCAA Student Athlete Not an Employee Under the FLSA and CA Labor Code

In Dawson v. NCAA (9th Cir. 17-15973 decided 8/12/19) the Ninth Circuit Court of Appeal panel affirmed the district court’s dismissal of a Division I college football player Lamar Dawson‘s claim that he was an employee of the National Collegiate Athletic Association and the PAC-12 Conference within the meaning of the Fair Labor Standards Act and California labor law and …

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California Minimum Wage Increases Starting July 1, 2019

As many employees and employers are aware on July 1, 2019 several local minimum wage rates will increase, and two new local minimum wage ordinances for Alameda and Fremont County will go into effect.  Minimum Wage Increases The following cities and county will increase their minimum wage on July 1, 2019 to: Berkeley: $15.59/hour. Emeryville: $16.30/hour for businesses of all …

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Dane-Elec Corp. v. Bodokh -Defense Attorneys’ Fees Denied under Labor Code section 218.5

Dane-Elec Corp. v. Bodokh (CA4/3 G055312 5/24/19) A Defendant Employer’s Attorneys’ Fees may be granted under Labor Code section 218.5 under very limited circumstances. California Labor Code section 218.5 is an attorney fee‑shifting statute in actions for nonpayment of wages, prohibits a prevailing party employer from recovering attorney fees unless the trial court finds the employee brought the wage claim in bad …

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Quintilone & Associates files Consumer Class Action against Jeep for soy-based wiring in their vehicles

by Richard E. Quintilone II Esq. Over the years, automobile manufacturers such as Jeep have been switching out their petroleum-based wiring systems to a wiring system made from a soy-based material.  Whether the motive of these manufacturers is to simultaneously increase profits and decrease their production costs, or simply to be more environmentally conscious, the results of such as switch …

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California’s Immigrant Worker Protection Act poses New Challenges

The California Attorney General and State Labor Commissioner issued two documents for California employers to address the California’s Immigrant Worker Protection Act (AB 450).  Attorney General Becerra issued an advisory providing an overview of and guidance on the privacy prescriptions under AB 450. DLSE Labor Commissioner Su also issued joint guidance on frequently asked questions to help employers and workers understand and comply with the new state …

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