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California PAGA Amendments Passed July 1, 2016

With the stated purpose of reducing “unnecessary litigation” and lowering the cost for employers doing business in California, on June 27, 2016 Governor Brown signed  SB 836, an amendment to California’s Private Attorneys General Act (“PAGA”) as well as a host of other laws.  The PAGA grants employees the authority to sue for Labor Code violations on behalf of themselves and other employees …

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Ninth Circuit Holds individual testimony regarding damages does not defeat class certification

The Ninth Circuit recently affirmed the United States District Court’s granting a motion for class certification holding where a complaint alleges a company violated the law in the same way as to each member of a large class of employees, finding class certification is proper.  “[T]he need for individual damages calculations does not, alone, defeat class certification.” Vaquero v. Ashley …

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Outside Sales in California Not Always An Easy Sell

California employment law recognizes two types of commissioned employees: (1) outside salespersons (Labor Code  § 1171) and (2) inside salespersons (8 Cal.C.Regs. § 11040, 11070).  Whether you are an employer or employee, it is important that you familiarize yourself with the basic rules as they are not always clear. In the past few years, California courts have witnessed a substantial …

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Ninth Circuit Issues New Tip on Tip Pooling in California

The Ninth U.S. Circuit Court of Appeals issued a new tip pooling decision in Oregon Restaurant and Lodging Association v. Perez and consolidated case Cesarz, Ngoc Tang v. Wynn Las Vegas LLC, 14-15243 (Feb. 23, 2016). 2016 DJDAR 1809, 2016 WL 706678 , 2016 U.S. App. LEXIS 3119, relating to  a practice common in restaurants statewide and across most of the west …

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Notable Changes in California Employment Law for 2016

It is that time of year again for California employees to hear about the latest and greatest out of Sacramento and for California employers to revisit their policies and handbooks to assess compliance with the slew of new California employment laws that take effect on January 1, 2016, or shortly thereafter. This year there is something for everyone. A few …

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Governor Brown Signs California Fair Pay Act

California women will now enjoy the most specific laws in the United States aimed at requiring equal pay for equal work while concurrently fighting employers in discrimination claims. With the signing of SB 358 by Senator Hannah-Beth Jackson (D-Santa Barbara) – Conditions of employment: gender wage differential- the state of California’s wage laws are now the toughest in the country. Existing …

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Sakkab v. Luxottica Retail – 9th Circuit Holds FAA Does not Preempt Iskanian and PAGA

In a victory over mandatory arbitration, the 9th Circuit panel reversed the United States District Court’s Order granting Luxottica Retail North America’s motion to compel arbitration of claims and dismissing the remainder of plaintiff’s first amended complaint in a putative class action raising class Labor Code claims and a non-class representative claim for civil penalties under the Private Attorney General …

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Court Grants Final Approval of Class Action Settlement

In a rare case of a class action brought against a Government entity for California Labor Code violations for failure to reimburse necessary school supplies and expenses under Labor Code section 2802 as well as a breach of written employment contract, on September 22, 2015, Judge John M. Pacheco of the San Bernardino Superior Court Granted Plaintiff Dora Alcaraz’s motion …

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California Reasonable Accommodation Bill Gets Signed Into Law (AB 987)

Governor Brown has just signed AB 987, Employment discrimination: unlawful employment practices (2015-2016), authored by Assemblymember Levine, which amends the Fair Employment and Housing Act (“FEHA”) under the religious accommodation and disability accommodation provisions (California Government Code § 12940(l) and (m), respectively) to clarify that an employer cannot retaliate or otherwise discriminate against a person for requesting a reasonable accommodation. …

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California’s New Paid Sick Leave Law (AB 1522)

July 1, 2015 rolled out the new Paid Sick Leave Law aka California’s Healthy Workplaces, Healthy Families Act of 2014. Here is a quick checklist of what the new law means for employees and employers and a link to a mandatory DLSE posting: Employees can use their accrued sick days beginning on the 90th day of employment. Employers may limit …

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