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