Author Archive for: ‘Rich’

Employment Law Updates 2021

California employers should revisit their policies and handbooks to assess compliance with the slew of new California employment laws that take effect on January 1, 2021, or shortly thereafter. Not surprisingly, a handful of this year’s 18 new employment laws relate to the coronavirus pandemic, which has resulted in thousands of Californians losing their lives, millions of workers losing their …

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UPS Workers Get Class Certification In Wage & Hour Class Action

California United States District Court Judge Edward Chen granted class certification to UPS workers who allege the company violated state pay statement laws concerning the payment of meal and rest break payments, yet denied certification concerning meal and rest breaks, Richard E. Quintilone II Esq. and Quintilone & Associates with a team of lawyers succeeded in convincing the judge that …

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Airline Workers in California Must Receive Wage Statements that Comply with California Labor Code § 226

The California Supreme Court’s recent opinions in Oman v. Delta Air Lines, Inc.  (2020) 9 Cal. 5th 762 and Ward v. United Airlines, Inc. (2020) 9 Cal. 5th 732, clarify when, and under what circumstances employees who even occasionally work in California are entitled to the protection of certain California wage-and-hour laws. Both were decided on June 29, 2020. Ward holds that: 1. …

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Arbitration Subpoena for Thrid Party records not authorized under FAA, CAA or JAMS Rules

A new California Court of Appeal arbitration decision questions the paid forum’s ability to adequately protect litigants and challenges whether discovery in such forums is truly fair under the Federal Arbitration Act (“FAA”), California Arbitration Act (“CAA”) or the JAMS discovery rules. Miguel Saldana resigned from his position at Veeco and went to work for a competitor, Aixtron. Veeco started …

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Unites States Supreme Court Says Title VII Protects Gay Workers

The U.S. Supreme Court handed gay advocates a pivotal win Monday, ruling that a federal law banning gender bias protects workers from discrimination based on sexual orientation and identity.  In California, state law expressly prohibits discrimination against any person because of his or her sexual orientation, which means actual or perceived “heterosexuality, homosexuality, and bisexuality.” See the California Fair Employment …

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California Questions About Returning to Work – We Have Answers

As employers in Orange County and the rest of California get back to business, employees have questions, including whether they can (1) refuse to work if they feel unsafe and (2) what happens to the litany of unemployment benefits if they do; and (3) What is the Business Obligation to Protect the Employees? The short answer is you can lose …

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DOL Hits Critical Issues In Coronavirus Leave Law Guidance- California Answers

The U.S. Department of Labor on Saturday further fleshed out its rules governing the new emergency sick leave law enacted in response to the novel coronavirus pandemic, tackling nearly two dozen “critical issues” that hadn’t yet been addressed. The agency’s latest guidance took on scenarios that it hadn’t yet addressed in previous iterations of a Q&A document it first issued …

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LA Passes 80 Hour Paid Sick Law Ordinance for Large Companies

Making it one of the most difficult cities to conduct business in, the L.A. City Council just passed a COVID-19 Supplemental Paid Sick Leave law which provides up to 80 hours of supplemental paid sick leave to employees who work within the City of Los Angeles. This ordinance goes into effect immediately upon publication. It will remain in effect until December 31, …

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California Supreme Court Says Employee’s Individual Settlements of Labor Code Claims Cannot Block PAGA Actions

After California Supreme Court justice Justice Goodwin H. Liu criticized restaurant chain Reins International California Inc.’s position that a worker who settled his individual labor violation claims could not pursue a Private Attorneys General Act (“PAGA”) action on behalf of other workers back in January 2020 during oral argument, the Court predictably held today that workers who have settled their …

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U.S. District Court Ruling Invalidates AB 51

Ruling Bad for Employees and Consumers On Friday, January 31, United States District Court Judge Kimberly Mueller issued a ruling halting enforcement of and invalidating in full AB 51, a law that would have banned employers from, as a condition of employment, entering into arbitration agreements for claims brought under the Fair Employment and Housing Act and Labor code. Unfortunately, …

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