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Category Archive for: ‘Employment Updates’

Unites States Supreme Court Says Title VII Protects Gay Workers

The U.S. Supreme Court handed gay advocates a pivotal win Monday, ruling that a federal law banning gender bias protects workers from discrimination based on sexual orientation and identity.  In California, state law expressly prohibits discrimination against any person because of his or her sexual orientation, which means actual or perceived “heterosexuality, homosexuality, and bisexuality.” See the California Fair Employment …

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California Questions About Returning to Work – We Have Answers

As employers in Orange County and the rest of California get back to business, employees have questions, including whether they can (1) refuse to work if they feel unsafe and (2) what happens to the litany of unemployment benefits if they do; and (3) What is the Business Obligation to Protect the Employees? The short answer is you can lose …

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Former USC Linebacker Lamar Dawson and NCAA Student Athlete Not an Employee Under the FLSA and CA Labor Code

In Dawson v. NCAA (9th Cir. 17-15973 decided 8/12/19) the Ninth Circuit Court of Appeal panel affirmed the district court’s dismissal of a Division I college football player Lamar Dawson‘s claim that he was an employee of the National Collegiate Athletic Association and the PAC-12 Conference within the meaning of the Fair Labor Standards Act and California labor law and …

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California Minimum Wage Increases Starting July 1, 2019

As many employees and employers are aware on July 1, 2019 several local minimum wage rates will increase, and two new local minimum wage ordinances for Alameda and Fremont County will go into effect.  Minimum Wage Increases The following cities and county will increase their minimum wage on July 1, 2019 to: Berkeley: $15.59/hour. Emeryville: $16.30/hour for businesses of all …

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California’s Immigrant Worker Protection Act poses New Challenges

The California Attorney General and State Labor Commissioner issued two documents for California employers to address the California’s Immigrant Worker Protection Act (AB 450).  Attorney General Becerra issued an advisory providing an overview of and guidance on the privacy prescriptions under AB 450. DLSE Labor Commissioner Su also issued joint guidance on frequently asked questions to help employers and workers understand and comply with the new state …

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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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California PAGA Amendments Passed July 1, 2016

With the stated purpose of reducing “unnecessary litigation” and lowering the cost for employers doing business in California, on June 27, 2016 Governor Brown signed  SB 836, an amendment to California’s Private Attorneys General Act (“PAGA”) as well as a host of other laws.  The PAGA grants employees the authority to sue for Labor Code violations on behalf of themselves and other employees …

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