Over 20 Years Of Dedicated Client Representation
This blog covers a quick five reminders about the California minimum wage increase and its impact upon exempt employees who will have a corresponding increase in pay: 1. As of January 1, 2020, the minimum wage in the state of California will increase from $12.00 per hour to $13.00 per hour for employers with 26 or more employees (the increase…
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…
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…
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.…
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…
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…
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…