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Update of California Employment Laws 2015

It is that time of year again for California employers revisit their policies and handbooks to assess compliance with the slew of new California employment laws that take effect on January 1, 2015, or shortly thereafter. This year there is something for everyone: (1) an expansion of harassment training requirement, (2) a law that requires paid sick time for almost …

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Timeline for Felix v. AAA Class Member Checks Released

According to the claims administrator, Simpluris, the timeline for the class member distribution is as follows: 12/05/2014 – Disbursement Database sent to Counsel 12/10/2014 – Deadline for Disbursement Database to be approved by the parties 12/10/2014 – Deadline for Defendant to provide checks to Simpluris 12/17/2014 – Deadline for Simpluris to mail Defendant issued checks Please let me know if …

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Carter v. Entercom Sacramento – Court holds employee not entitled to reimbursement for Cumis Counsel when Employers carrier agrees to provide counsel without reservation of rights under California Labor Code section 2802

A Sacramento radio station hosted a contest that offered a prize to the contestant who could drink the most water without going to the bathroom. Entercom Sacramento, LLC assigned employee Matt Carter to assist in conducting the contest. Contestant Jennifer Strange died of hyponatremia after participating in the contest. Her survivors sued Entercom, Carter, and others. Carter tendered defense of …

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Doctor in Bumper Car Assumes Risk of Injury – Amusement Park Not Liable

Expanding the assumption of risk doctrine in favor of the amusement park industry, the California Supreme Court ruled that a physician who broke her wrist riding a bumper car at Great America cannot sue the park. The plaintiff should have known there was a chance she would get hurt, the court ruled.  The 6-1 ruling clarified that the doctrine can …

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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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Partners Can Sue Their Partnership for Retaliation Under FEHA

Generally, a partner does not have the right to sue his/her partnership for discrimination, harassment, or retaliation under Title VII or the California Fair Employment and Housing Act (“FEHA”). This is because a partner is not in an employment relationship with the partnership. However, the California Court of Appeals recently held in Fitzsimons v. California Emergency Physicians Medical Group, 205 …

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The NLRB Holds that Class Action Waivers Violate NLRA

A big decision just hit the airwaves in the employment law world. The National Labor Relations Board (“NLRB”) recently announced its decision in D.R. Horton, Inc. In the case the NLRB considered whether an employer violates the NLRA when it requires employees to sign an agreement that precludes them from filing a class action addressing their wages, hours, or other working conditions against the employer. The Board found that such an agreement violates section 7 of the NLRA, which gives employees the right to engage in concerted activities for mutual aid or protection.

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Private Parking Lot Owners Cannot Issue Citations With Fines 12.26.11

Attorney general, Kamala Harris, has issued Opinion AG 07-804, (found at 87 Ops. Cal. Atty. Gen. 114) which states a private parking lot owner cannot issue a ticket with a monetary fine. Even if the private parking lot owner towed your car (something they are allowed to do if the appropriate signs are posted), that owner cannot require you to …

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PREVIEW OF CALIFORNIA STATE EMPLOYMENT LAWS FOR 2012

The California Legislature employment laws that go into effect on January 1, 2012, as failure to implement policies and procedures for complying with these statues could lead to hefty penalties.

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Brinker Set to Be Broacast via Webcast Tomorrow 11.08.11

Brinker Set to Be Broacast via Webcast Tomorrow 11.08.11 on www.calchannel.com

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