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PREVIEW OF CALIFORNIA STATE EMPLOYMENT LAWS FOR 2012

The California Legislature employment laws that go into effect on January 1, 2012, as failure to implement policies and procedures for complying with these statues could lead to hefty penalties.

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Brinker Set to Be Broacast via Webcast Tomorrow 11.08.11

Brinker Set to Be Broacast via Webcast Tomorrow 11.08.11 on www.calchannel.com

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Urbino v. Orkin Services of California – USDC Central Finds Class Action PAGA Waiver Unconscionable

In Urbino v. Orkin Services of California, the USDC Central Court (Judge Carney) Finds Class Action PAGA Waiver Unconscionable and joins a growing list of opinions finding AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) inapplicable in the California wage and hour class action contex.

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Nicholas Laboratories, LLC v. Chen – No Indemnification for Action Against Employee

The Court held that Labor Code section 2802 does not require an employer to reimburse its employee for attorney fees incurred in the employee’s successful defense of the employer’s action against the employee. The Court also concluded that Corporations Code section 317 has no application to limited liability companies.

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Brinker Set for Oral Argument

The California Supreme Court recenlt announced that BRINKER RESTAURANT v. S.C. (HOHNBAUM) Case: S166350, involving meal periods in California, is set for oral argument on Tuesday, November 8, 2011 at 9:00 a.m. in San Francisco For more information on this case, go to: http://appellatecases.courtinfo.ca.gov/search/dockets.cfm?dist=0&doc_id=1898028

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Second District Refuses to Apply Concepcion to PAGA

The U.S. Supreme Court ruling in AT&T Mobility LLC v. Concepcion, abrogating California decisional law invalidating class action waivers in consumer arbitration agreements to which the FAA applies, does not apply to representative actions under the PAGA. The CA Second Apellate Dist, Div 5 (Los Angeles) held the Trial court erred in invalidating class action waiver in plaintiff’s employment agreement absent the showing of any basis not to enforce this provision and remand the case for the trial court to determine whether to sever the unenforceable provision in the arbitration agreement waiving plaintiff’s right to pursue a PAGA representative action or whether to refuse to enforce the entire arbitration agreement or parts of it.

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No Attorney-Client Privilege for Employee's Emails to Lawyer from Company Computer

Attorney-client privilege does not protect employee emails sent to attorney from the Company’s computer where company had email inspection policy

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Employee Misclassification Bill

Employers who misclassify their employees as non-employees are potentially the focus of a bill brought before the United States Congress. The bill would require organizations nationwide to keep accurate records of non-employees, such as independent contractors. Employers would also face new penalties for misclassifying employees. These record keeping requirements are already part and parcel of a company’s responsibility in California. …

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United States District Court – Central – Electronic Filing of New Civil Cases

United States District Court – Central Announces the Electronic Filing of New Civil Cases SPACE Beginning October 12, 2010, attorneys may electronically file new civil cases in CM/ECF and pay filing fees on-line using a credit card.  You can visit the web site at www.casd.uscourts.gov/cmecf  for step-by-step instructions for filing a new civil Complaint, Notice of Removal, Petition for Writ of …

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Employment Opportunity Commission Approved new forms and requirements for its EEO-1

The Employment Opportunity Commission (“EEOC”) approved new forms and requirements for its EEO-1 employer report that went into effect in 2008. These changes were the first major amendments to the EEO-1 process in 40 years-and they have not made the process any easier. Most employers are still unsure about how to comply with these new obligations! If you have at …

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