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Category Archive for: ‘Employment Updates’

California’s New Paid Sick Leave Law (AB 1522)

July 1, 2015 rolled out the new Paid Sick Leave Law aka California’s Healthy Workplaces, Healthy Families Act of 2014. Here is a quick checklist of what the new law means for employees and employers and a link to a mandatory DLSE posting: Employees can use their accrued sick days beginning on the 90th day of employment. Employers may limit …

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California Supreme Court Clarifies When Prevailing FEHA Defendants Can Recover Costs

The California Fair Employment and Housing Act (“FEHA”) prohibits harassment and discrimination in employment because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (Government Code sections 12940,12945, 12945.2) and/or retaliation for protesting illegal …

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Re-Hire Bans May Be Banned -Golden v. California Emergency Physicians

Something we often see when a case settles is that employers prefer to include a “no re-hire” provision in their agreement. What, you were harassed, sued, settled and now want your job back? You may be in luck. Read on – The rationale for these clauses is that any refusal to hire the plaintiff in the future could be characterized …

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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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Update on Employment Laws for 2014

Wage & Hour Updates Minimum Wage Assembly Bill (“AB”) 10 raises California’s current minimum wage of $8 per hour by two, one-dollar increments: to $9 per hour effective July 1, 2014, and to $10 per hour effective January 1, 2016.  This law, the first mandatory wage increase in nearly five years, comes as a welcome change for California workers. Increase …

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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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Harris v. Santa Monica – California Supreme Court Rules on a FEHA Mixed Motive Instruction

California Supreme Court Rules No Damages for Plaintiff but Allows Fees and Costs on a FEHA Mixed Motive Instruction A bus driver alleged that she was fired by the City of Santa Monica (the City)  because of her pregnancy in violation of the prohibition on sex  discrimination in the Fair Employment and Housing Act (“FEHA”) found under Government Code section 12940.  The City claimed …

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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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New Employment Laws – New Wage Statement and Record Inspection Requirements

Employment Law Bills Signed AB 1598 Public Contracts: Public Works: Installation. Existing law defines the term “public works” for purposes of requirements regarding the payment of prevailing wages. Existing law generally defines “public works” to include construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. Existing law …

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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.