Category Archive for: ‘Uncategorized’

California minimum wage increase in 2020

This blog covers a quick five reminders about the California minimum wage increase and its impact upon exempt employees who will have a corresponding increase in pay: 1. As of January 1, 2020, the minimum wage in the state of California will increase from $12.00 per hour to $13.00 per hour for employers with 26 or more employees (the increase …

Read More

California AB 749 bans ‘no-rehire’ clauses after employee lawsuits in 2020

Beginning January 1, 2020, California workers who sue their employer and then settle their case no longer may be barred from future work with the employer as part of the settlement, according to a new law signed by Gov. Gavin Newsom, which adds California Code of Civil Procedure section 1002.5 “Agreements Settling Employment Disputes”  “No rehire” clauses have become a …

Read More

Gonzales v. San Gabriel Transit Inc., CA Court of Appeal Applies Dynamex case retroactively in favor of employees

On October 14, 2019, the California Court of Appeal, Second District, Division 4, concluded in a class action case Gonzales v. San Gabriel Transit Inc. 2019 WL 4942213 that the California Supreme Court’s Dynamex Operations West Inc. v. Superior Court (2018) 4 Cal.5th 903, decision applies retroactively. Recall that Dynamex embraced smaller states so-called “ABC” test to determine who is subject to …

Read More

ZB, N.A. v. Superior Court (SC S246711 9/12/19) Plaintiffs can recover Civil Penalties under PAGA not individual wage penalties

This case concerns a PAGA action seeking civil penalties under California Labor Code section 558.  The core state law issue in the is whether the California Legislature intended the designated “civil penalties” recoverable by the State in a public enforcement action under California Labor Code Section 558 to be recoverable in a private, qui tam-like representative enforcement action under PAGA. …

Read More

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 …

Read More

Dane-Elec Corp. v. Bodokh -Defense Attorneys’ Fees Denied under Labor Code section 218.5

Dane-Elec Corp. v. Bodokh (CA4/3 G055312 5/24/19) A Defendant Employer’s Attorneys’ Fees may be granted under Labor Code section 218.5 under very limited circumstances. California Labor Code section 218.5 is an attorney fee‑shifting statute in actions for nonpayment of wages, prohibits a prevailing party employer from recovering attorney fees unless the trial court finds the employee brought the wage claim in bad …

Read More

New Overtimes Rules Start December 1, 2016 

With the holidays right around the corner it is important to make sure your company is in compliance with the new overtime rules that will effect over 390,000 California employees. The U.S. Department of Labor (“DOL”) has announced the highly anticipated federal overtime rule under the Fair Labor Standards Act (“FLSA”).  According to the White House, an estimated 4.2 million …

Read More

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 …

Read More

Governor Brown Signs California Fair Pay Act

California women will now enjoy the most specific laws in the United States aimed at requiring equal pay for equal work while concurrently fighting employers in discrimination claims. With the signing of SB 358 by Senator Hannah-Beth Jackson (D-Santa Barbara) – Conditions of employment: gender wage differential- the state of California’s wage laws are now the toughest in the country. Existing …

Read More

Uber DLSE Ruling Finds Driver an Employee

California’s labor commissioner, known as the Division of Labor Standards Enforcement (“DLSE”) has ruled that a driver for Uber should be classified as an employee of the company, a decision that marks the latest setback for the ride-hailing company’s labor model. The ruling doesn’t set a precedent for how Uber compensates its 200,000 drivers, but it is one of a …

Read More

Page 1 of 41234»

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