Blog

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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Uber DLSE Ruling Finds Driver an Employee

California’s labor commissioner, known as the Division of Labor Standards Enforcement (“DLSE”) has ruled that a driver for Uber should be classified as an employee of the company, a decision that marks the latest setback for the ride-hailing company’s labor model. The ruling doesn’t set a precedent for how Uber compensates its 200,000 drivers, but it is one of a …

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California Supreme Court Clarifies When Prevailing FEHA Defendants Can Recover Costs

The California Fair Employment and Housing Act (“FEHA”) prohibits harassment and discrimination in employment because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (Government Code sections 12940,12945, 12945.2) and/or retaliation for protesting illegal …

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Re-Hire Bans May Be Banned -Golden v. California Emergency Physicians

Something we often see when a case settles is that employers prefer to include a “no re-hire” provision in their agreement. What, you were harassed, sued, settled and now want your job back? You may be in luck. Read on – The rationale for these clauses is that any refusal to hire the plaintiff in the future could be characterized …

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