Category Archive for: ‘Uncategorized’

Arbitration Subpoena for Thrid Party records not authorized under FAA, CAA or JAMS Rules

A new California Court of Appeal arbitration decision questions the paid forum’s ability to adequately protect litigants and challenges whether discovery in such forums is truly fair under the Federal Arbitration Act (“FAA”), California Arbitration Act (“CAA”) or the JAMS discovery rules. Miguel Saldana resigned from his position at Veeco and went to work for a competitor, Aixtron. Veeco started …

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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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DOL Hits Critical Issues In Coronavirus Leave Law Guidance- California Answers

The U.S. Department of Labor on Saturday further fleshed out its rules governing the new emergency sick leave law enacted in response to the novel coronavirus pandemic, tackling nearly two dozen “critical issues” that hadn’t yet been addressed. The agency’s latest guidance took on scenarios that it hadn’t yet addressed in previous iterations of a Q&A document it first issued …

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LA Passes 80 Hour Paid Sick Law Ordinance for Large Companies

Making it one of the most difficult cities to conduct business in, the L.A. City Council just passed a COVID-19 Supplemental Paid Sick Leave law which provides up to 80 hours of supplemental paid sick leave to employees who work within the City of Los Angeles. This ordinance goes into effect immediately upon publication. It will remain in effect until December 31, …

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California Supreme Court Says Employee’s Individual Settlements of Labor Code Claims Cannot Block PAGA Actions

After California Supreme Court justice Justice Goodwin H. Liu criticized restaurant chain Reins International California Inc.’s position that a worker who settled his individual labor violation claims could not pursue a Private Attorneys General Act (“PAGA”) action on behalf of other workers back in January 2020 during oral argument, the Court predictably held today that workers who have settled their …

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U.S. District Court Ruling Invalidates AB 51

Ruling Bad for Employees and Consumers On Friday, January 31, United States District Court Judge Kimberly Mueller issued a ruling halting enforcement of and invalidating in full AB 51, a law that would have banned employers from, as a condition of employment, entering into arbitration agreements for claims brought under the Fair Employment and Housing Act and Labor code. Unfortunately, …

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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 …

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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 …

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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 …

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