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Court Holds Electronic Signature Not Enough to Compel Arbitration

In Ruiz v. Moss Bros. Auto Group Inc.,(2014) 232 Cal. App.4th 836, an auto parts company cannot enforce its agreement to arbitrate employment disputes individually in a class action case since  it failed to prove the authenticity of an employee’s electronic signature on the agreement. An official of Moss Bros. Auto Group failed to present sufficient evidence in her statement that the employee actually signed the agreement, …

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Felix v. AAA – UPDATE- Checks Delivered to Claims Administrator 2.10.15

It was just reported to our office that checks were delivered to the claims administrator. We will follow up and report when they are being mailed. Please make sure they have your updated address, phone and email. Krista Tittle • ktittle@simpluris.com Simpluris, Inc. | Class Action Settlement Administration 3176 Pullman Street, Suite 123, Costa Mesa, CA 92626 Toll Free: (800) …

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Update of California Employment Laws 2015

It is that time of year again for California employers revisit their policies and handbooks to assess compliance with the slew of new California employment laws that take effect on January 1, 2015, or shortly thereafter. This year there is something for everyone: (1) an expansion of harassment training requirement, (2) a law that requires paid sick time for almost …

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Timeline for Felix v. AAA Class Member Checks Released

According to the claims administrator, Simpluris, the timeline for the class member distribution is as follows: 12/05/2014 – Disbursement Database sent to Counsel 12/10/2014 – Deadline for Disbursement Database to be approved by the parties 12/10/2014 – Deadline for Defendant to provide checks to Simpluris 12/17/2014 – Deadline for Simpluris to mail Defendant issued checks Please let me know if …

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California State Minimum Wage Change is Effective July 1, 2014

Although many employees and employers are aware of the upcoming change to the California state minimum wage, for those not paying attention (no pun intended) the California state minimum wage will increase to $9 an hour starting July 1, 2014 and up to $10 per hour by January 1, 2016 [SPACE] In July 2014, the minimum salary test for the Executive, Administrative, …

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Duran v. US Bank: Supreme Court Reverses Certification and Judgment for Employees, Sets Methods of Proof in Class Action Trials

The California Supreme Court this morning issued its decision in the much anticipated Duran v. US Bank, N.A. The decision reverses the judgment for the plaintiffs. The Court’s introduction reads as follows: We encounter here an exceedingly rare beast [in the Quintilone & Associates tried a class action last year is also rare]: a wage and hour class action that …

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Update on Employment Laws for 2014

Wage & Hour Updates Minimum Wage Assembly Bill (“AB”) 10 raises California’s current minimum wage of $8 per hour by two, one-dollar increments: to $9 per hour effective July 1, 2014, and to $10 per hour effective January 1, 2016.  This law, the first mandatory wage increase in nearly five years, comes as a welcome change for California workers. Increase …

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California Governor Brown Signs New Laws Impacting Employees and Employers

Minimum Wage Increase Governor Jerry Brown has signed into law a measure that will increase California’s minimum wage from $8.00 per hour to $9.00 per hour on July 1, 2014, and to $10.00 per hour on January 1, 2016. So, California employers must prepare for a 25% increase in the minimum wage over the next two years.The California Chamber of …

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Carter v. Entercom Sacramento – Court holds employee not entitled to reimbursement for Cumis Counsel when Employers carrier agrees to provide counsel without reservation of rights under California Labor Code section 2802

A Sacramento radio station hosted a contest that offered a prize to the contestant who could drink the most water without going to the bathroom. Entercom Sacramento, LLC assigned employee Matt Carter to assist in conducting the contest. Contestant Jennifer Strange died of hyponatremia after participating in the contest. Her survivors sued Entercom, Carter, and others. Carter tendered defense of …

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Harris v. Santa Monica – California Supreme Court Rules on a FEHA Mixed Motive Instruction

California Supreme Court Rules No Damages for Plaintiff but Allows Fees and Costs on a FEHA Mixed Motive Instruction A bus driver alleged that she was fired by the City of Santa Monica (the City)  because of her pregnancy in violation of the prohibition on sex  discrimination in the Fair Employment and Housing Act (“FEHA”) found under Government Code section 12940.  The City claimed …

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