Category Archive for: ‘Class Actions’

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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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.

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