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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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California Drivers Have Problems in the Rain

Given the fact my teenage daughter is about to start driving I thought this rainy morning would be a good time to post about auto accidents in Southern California and what you can do to protect yourself. Growing up in Virginia Beach, Virginia we had plenty of practice driving in the rain.  With our normal sunny southern California conditions – poor weather, …

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Doctor in Bumper Car Assumes Risk of Injury – Amusement Park Not Liable

Expanding the assumption of risk doctrine in favor of the amusement park industry, the California Supreme Court ruled that a physician who broke her wrist riding a bumper car at Great America cannot sue the park. The plaintiff should have known there was a chance she would get hurt, the court ruled.  The 6-1 ruling clarified that the doctrine can …

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Bradley v. Networkers International – Court Directed to Certify Employee Class Action

  Three (3) plaintiffs filed a class action complaint against Networkers International, LLC, alleging violations of wage and hour laws including those governing overtime pay, rest breaks, and meal breaks.  Plaintiffs moved to certify the class, but the court denied the motion, concluding plaintiffs did not meet their burden to show common factual and legal questions would predominate over individual …

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Court of Appeal Holds Arbitration and Class Action Waiver Unenforceable in Employment Law Case

In Franco v. Arakelian Enterprises (LASC Case No. B232583 Decided 11/26/12) the Court of Appeal held an employee’s arbitration and class action waiver unenforceable in an employment law case and allowed the class action to proceed in Court. On April 9, 2007, plaintiff Edixon Franco filed a class action complaint against Athens Disposal Company, Inc., dba Athens Services. The employer …

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New Employment Laws – New Wage Statement and Record Inspection Requirements

Employment Law Bills Signed AB 1598 Public Contracts: Public Works: Installation. Existing law defines the term “public works” for purposes of requirements regarding the payment of prevailing wages. Existing law generally defines “public works” to include construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. Existing law …

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Partners Can Sue Their Partnership for Retaliation Under FEHA

Generally, a partner does not have the right to sue his/her partnership for discrimination, harassment, or retaliation under Title VII or the California Fair Employment and Housing Act (“FEHA”). This is because a partner is not in an employment relationship with the partnership. However, the California Court of Appeals recently held in Fitzsimons v. California Emergency Physicians Medical Group, 205 …

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The California Supreme Court Announces Big Brinker Decision for Employees

The California Supreme Court just announced a big class action employment decision in Brinker Rest. Corp. v. Superior Court. The decision clarifies some laws as they pertain to employers and employees, and sets forth a simple three part test for meal period compliance. The Court specifically held that employer satisfies [its meal period compliance] obligation if it (1) relieves its …

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