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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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WCAB Keeps Employer on the Hook for Stolen Check

In Barrett Business Services, Inc. v. Workers’ Compensation Appeals Board and Rafael Rivas, the Court of Appeal for the Second Appellate District affirmed the WCAB’s denial of reconsideration of its determination of which party should bear the loss when a stolen check, with a forged indorsement, is cashed and the payee never receives the check. The appellate court held that …

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The NLRB Holds that Class Action Waivers Violate NLRA

A big decision just hit the airwaves in the employment law world. The National Labor Relations Board (“NLRB”) recently announced its decision in D.R. Horton, Inc. In the case the NLRB considered whether an employer violates the NLRA when it requires employees to sign an agreement that precludes them from filing a class action addressing their wages, hours, or other working conditions against the employer. The Board found that such an agreement violates section 7 of the NLRA, which gives employees the right to engage in concerted activities for mutual aid or protection.

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Private Parking Lot Owners Cannot Issue Citations With Fines 12.26.11

Attorney general, Kamala Harris, has issued Opinion AG 07-804, (found at 87 Ops. Cal. Atty. Gen. 114) which states a private parking lot owner cannot issue a ticket with a monetary fine. Even if the private parking lot owner towed your car (something they are allowed to do if the appropriate signs are posted), that owner cannot require you to …

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