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In Dawson v. NCAA (9th Cir. 17-15973 decided 8/12/19) the Ninth Circuit Court of Appeal panel affirmed the district court’s dismissal of a Division I college football player Lamar Dawson‘s claim that he was an employee of the National Collegiate Athletic Association and the PAC-12 Conference within the meaning of the Fair Labor Standards Act and California labor law and…
Dane-Elec Corp. v. Bodokh (CA4/3 G055312 5/24/19) A Defendant Employer’s Attorneys’ Fees may be granted under Labor Code section 218.5 under very limited circumstances. California Labor Code section 218.5 is an attorney fee‑shifting statute in actions for nonpayment of wages, prohibits a prevailing party employer from recovering attorney fees unless the trial court finds the employee brought the wage claim in bad…
by Richard E. Quintilone II Esq. Over the years, automobile manufacturers such as Jeep have been switching out their petroleum-based wiring systems to a wiring system made from a soy-based material. Whether the motive of these manufacturers is to simultaneously increase profits and decrease their production costs, or simply to be more environmentally conscious, the results of such as switch…
The California Attorney General and State Labor Commissioner issued two documents for California employers to address the California’s Immigrant Worker Protection Act (AB 450). Attorney General Becerra issued an advisory providing an overview of and guidance on the privacy prescriptions under AB 450. DLSE Labor Commissioner Su also issued joint guidance on frequently asked questions to help employers and workers understand and comply with the new state…
Quintilone & Associates has filed a class action where Plaintiff Israel Andrews (“Plaintiff”) seeks reimbursement for expenses incurred while working as a Sale Associate for Stoneledge Furniture LLC. Stoneledge sells furniture under the Ashley Furniture brand of stores throughout California. Ashley Furniture Industries Inc. is the sole member of Stoneledge Furniture LLC, the Limited Liability Company that employed Plaintiff…
With the holidays right around the corner it is important to make sure your company is in compliance with the new overtime rules that will effect over 390,000 California employees. The U.S. Department of Labor (“DOL”) has announced the highly anticipated federal overtime rule under the Fair Labor Standards Act (“FLSA”). According to the White House, an estimated 4.2 million…
The Fourth Appellate District, Division Three, recently held in Nguyen v. Applied Medical, that the question of whether an arbitration clause in an employment agreement contemplates class claims is a question for the arbitrator to decide, not the Superior Court. The Class Action Complaint On September 30, 2014, Da Loc Nguyen filed a putative class action complaint against Applied Medical…
With the stated purpose of reducing “unnecessary litigation” and lowering the cost for employers doing business in California, on June 27, 2016 Governor Brown signed SB 836, an amendment to California’s Private Attorneys General Act (“PAGA”) as well as a host of other laws. The PAGA grants employees the authority to sue for Labor Code violations on behalf of themselves and other employees…
The Ninth Circuit recently affirmed the United States District Court’s granting a motion for class certification holding where a complaint alleges a company violated the law in the same way as to each member of a large class of employees, finding class certification is proper. “[T]he need for individual damages calculations does not, alone, defeat class certification.” Vaquero v. Ashley…
California employment law recognizes two types of commissioned employees: (1) outside salespersons (Labor Code § 1171) and (2) inside salespersons (8 Cal.C.Regs. § 11040, 11070). Whether you are an employer or employee, it is important that you familiarize yourself with the basic rules as they are not always clear. In the past few years, California courts have witnessed a substantial…