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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…
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. Misclassification of Independent Contractors Under newly added Labor Code Sections 226.8 and 2753, employers who have willfully misclassified independent contractors will be required to publicize findings of their violations on…
Dear Quintilone & Associates Friends: We are writing as a courtesy to let you know that the oral argument in Brinker v. Superior Court, will stream live on www.calchannel.com at 9 am tomorrow. For those who want to watch, simply click on the link on the right side of the screen for the Live California Supreme Court in session. Brinker…
On October 5, 2011, United States District Court – Central District Judge Cormac J. Carney denied a motion to compel arbitration of a PAGA claim brought by the defendnats Orkin Services of California, Inc. on the grounds that the arbitration agreement contained an unconscionable PAGA waiver, rendering the agreement unenforceable. See Urbino v. Orkin Servs. of Cal., 2011 U.S. Dist. LEXIS 114746…
Nicholas employed Chen from late 2004 to early 2007. In June 2007, Nicholas filed a complaint against Chen stating multiple causes of action related to alleged breaches of contract and torts committed by Chen during his term of employment. After answering and filing a cross-complaint for indemnity, in an interesting role reversal of the typical case where an employer moves…
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 Nicholas Laboratories, LLC v. Chen – No Indemnification…
In Brown v. Ralphs, Plaintiff Terri Brown brought a class action and representative action under the Private Attorney General Act of 2004 (“PAGA”) against her employers, defendants and appellants Ralphs and Kroger for violations of the California Labor Code. Defendants appealed from the trial court’s order denying their petition to compel plaintiff to submit her individual causes of action to…