Category Archive for: ‘Uncategorized’

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. …

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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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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 …

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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 …

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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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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 …

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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 …

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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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Court Holds Electronic Signature Not Enough to Compel Arbitration

In Ruiz v. Moss Bros. Auto Group Inc.,(2014) 232 Cal. App.4th 836, an auto parts company cannot enforce its agreement to arbitrate employment disputes individually in a class action case since  it failed to prove the authenticity of an employee’s electronic signature on the agreement. An official of Moss Bros. Auto Group failed to present sufficient evidence in her statement that the employee actually signed the agreement, …

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Felix v. AAA – UPDATE- Checks Delivered to Claims Administrator 2.10.15

It was just reported to our office that checks were delivered to the claims administrator. We will follow up and report when they are being mailed. Please make sure they have your updated address, phone and email. Krista Tittle • Simpluris, Inc. | Class Action Settlement Administration 3176 Pullman Street, Suite 123, Costa Mesa, CA 92626 Toll Free: (800) …

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