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Category Archive for: ‘Class Actions’

Nguyen v. Applied Medical – Arbitrator Decides Whether Class Claims Proceed

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 …

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Ninth Circuit Holds individual testimony regarding damages does not defeat class certification

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 …

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Outside Sales in California Not Always An Easy Sell

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 …

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Ninth Circuit Issues New Tip on Tip Pooling in California

The Ninth U.S. Circuit Court of Appeals issued a new tip pooling decision in Oregon Restaurant and Lodging Association v. Perez and consolidated case Cesarz, Ngoc Tang v. Wynn Las Vegas LLC, 14-15243 (Feb. 23, 2016). 2016 DJDAR 1809, 2016 WL 706678 , 2016 U.S. App. LEXIS 3119, relating to  a practice common in restaurants statewide and across most of the west …

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Notable Changes in California Employment Law for 2016

It is that time of year again for California employees to hear about the latest and greatest out of Sacramento and for California employers to revisit their policies and handbooks to assess compliance with the slew of new California employment laws that take effect on January 1, 2016, or shortly thereafter. This year there is something for everyone. A few …

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Sakkab v. Luxottica Retail – 9th Circuit Holds FAA Does not Preempt Iskanian and PAGA

In a victory over mandatory arbitration, the 9th Circuit panel reversed the United States District Court’s Order granting Luxottica Retail North America’s motion to compel arbitration of claims and dismissing the remainder of plaintiff’s first amended complaint in a putative class action raising class Labor Code claims and a non-class representative claim for civil penalties under the Private Attorney General …

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Court Grants Final Approval of Class Action Settlement

In a rare case of a class action brought against a Government entity for California Labor Code violations for failure to reimburse necessary school supplies and expenses under Labor Code section 2802 as well as a breach of written employment contract, on September 22, 2015, Judge John M. Pacheco of the San Bernardino Superior Court Granted Plaintiff Dora Alcaraz’s motion …

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Duran v. US Bank: Supreme Court Reverses Certification and Judgment for Employees, Sets Methods of Proof in Class Action Trials

The California Supreme Court this morning issued its decision in the much anticipated Duran v. US Bank, N.A. The decision reverses the judgment for the plaintiffs. The Court’s introduction reads as follows: We encounter here an exceedingly rare beast [in the Quintilone & Associates tried a class action last year is also rare]: a wage and hour class action that …

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Bradley v. Networkers International – Court Directed to Certify Employee Class Action

  Three (3) plaintiffs filed a class action complaint against Networkers International, LLC, alleging violations of wage and hour laws including those governing overtime pay, rest breaks, and meal breaks.  Plaintiffs moved to certify the class, but the court denied the motion, concluding plaintiffs did not meet their burden to show common factual and legal questions would predominate over individual …

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