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Category Archive for: ‘Courts’

Quintilone & Associates reaches a Class Action settlement with Sprint over Unpaid Wages

In a lawsuit brought by Viet Bui and Christina Avalos-Reyes on behalf of themselves and similarly situated employees known as Viet Bui et al. v. Sprint Corporation, a Sprint Communications Company, L.P., et al., No. 2:14-cv- 02461-TLN-AC, pending before the Honorable Troy Nunley in the United States District Court for the Eastern District of California (the “Action”) Quintilone & Associates …

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Lubin v. The Wackenhut Corp. – New Statistical Class Certification Opinion

Sample your way to Class Certification – California’s Second Appellate District holds statistical sampling may be used to certify a class, and also clarification on what constitutes an “injury” for a pay stub claim. On November 21, 2016, California’s Second Appellate District ruled that the used of statistical sampling can be used to certify a class of employees in a …

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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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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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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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California Governor Brown Signs New Laws Impacting Employees and Employers

Minimum Wage Increase Governor Jerry Brown has signed into law a measure that will increase California’s minimum wage from $8.00 per hour to $9.00 per hour on July 1, 2014, and to $10.00 per hour on January 1, 2016. So, California employers must prepare for a 25% increase in the minimum wage over the next two years.The California Chamber of …

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