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Urbino v. Orkin Services of California – USDC Central Finds Class Action PAGA Waiver Unconscionable

In Urbino v. Orkin Services of California, the USDC Central Court (Judge Carney) Finds Class Action PAGA Waiver Unconscionable and joins a growing list of opinions finding AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) inapplicable in the California wage and hour class action contex.

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Nicholas Laboratories, LLC v. Chen – No Indemnification for Action Against Employee

The Court held that Labor Code section 2802 does not require an employer to reimburse its employee for attorney fees incurred in the employee’s successful defense of the employer’s action against the employee. The Court also concluded that Corporations Code section 317 has no application to limited liability companies.

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Brinker Set for Oral Argument

The California Supreme Court recenlt announced that BRINKER RESTAURANT v. S.C. (HOHNBAUM) Case: S166350, involving meal periods in California, is set for oral argument on Tuesday, November 8, 2011 at 9:00 a.m. in San Francisco For more information on this case, go to: http://appellatecases.courtinfo.ca.gov/search/dockets.cfm?dist=0&doc_id=1898028

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Employee Misclassification Bill

Employers who misclassify their employees as non-employees are potentially the focus of a bill brought before the United States Congress. The bill would require organizations nationwide to keep accurate records of non-employees, such as independent contractors. Employers would also face new penalties for misclassifying employees. These record keeping requirements are already part and parcel of a company’s responsibility in California. …

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Employment Opportunity Commission Approved new forms and requirements for its EEO-1

The Employment Opportunity Commission (“EEOC”) approved new forms and requirements for its EEO-1 employer report that went into effect in 2008. These changes were the first major amendments to the EEO-1 process in 40 years-and they have not made the process any easier. Most employers are still unsure about how to comply with these new obligations! If you have at …

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New Analysis of the 2010 Employment Laws

It’s that time of year again. In this blog, Quintilone & Associates summarizes the new legislation enacted in 2009 that will impact employers and employees in the coming year. SPACE Genetic Information Nondisclosure Act (“GINA”) SPACE On November 21, 2009, the federal Genetic Information Nondisclosure Act (“GINA”) went into effect for employers. GINA elevates “genetic information” to a protected status under …

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Genetic Information Nondisclosure Act (“GINA”)

On November 21, 2009, the federal Genetic Information Nondisclosure Act (“GINA”) went into effect for employers.  GINA elevates “genetic information” to a protected status under Title VII, the federal law that prohibits discrimination in the workplace.  GINA creates yet another remedy for employees who have suffered discrimination on the basis of their genetic information and/or retaliation for asserting their rights under GINA.  …

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I am Working Overtime and Not Being Paid, Is There Anything I Can Do?

Whether or not you should be paid for overtime worked depends on whether or not you are an “exempt” employee or a “non-exempt” employee. Employees who are exempt, generally salary employees, do not get paid overtime. However, non-exempt employees should be paid for those hours worked. Quintlaw.com Under both federal and California law, exempt employees are salaried executives, administrative and …

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Welcome to Quintilone & Associates Blog

Welcome to the Quintilone & Associates blog.

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