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
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.
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
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. …
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 …
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 …
New Analysis of the 2010 Employment Laws
It’s that time of year again. In this blog, Quintilone & Associates summarizes the new legislation enacted in 2009 that will impact employers and employees in the coming year. SPACE Genetic Information Nondisclosure Act (“GINA”) SPACE On November 21, 2009, the federal Genetic Information Nondisclosure Act (“GINA”) went into effect for employers. GINA elevates “genetic information” to a protected status under …
Genetic Information Nondisclosure Act (“GINA”)
On November 21, 2009, the federal Genetic Information Nondisclosure Act (“GINA”) went into effect for employers. GINA elevates “genetic information” to a protected status under Title VII, the federal law that prohibits discrimination in the workplace. GINA creates yet another remedy for employees who have suffered discrimination on the basis of their genetic information and/or retaliation for asserting their rights under GINA. …
I am Working Overtime and Not Being Paid, Is There Anything I Can Do?
Whether or not you should be paid for overtime worked depends on whether or not you are an “exempt” employee or a “non-exempt” employee. Employees who are exempt, generally salary employees, do not get paid overtime. However, non-exempt employees should be paid for those hours worked. Quintlaw.com Under both federal and California law, exempt employees are salaried executives, administrative and …
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