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Category Archive for: ‘Wage & Hour’

California Governor bestows Labor Day Gift to Fast Food Workers

Happy belated Labor Day, we were all off of work on September 5, 2022. Governor Newsom signed California Assembly Bill 257, the Fast Food Accountability and Standards Recovery Act [or “FAST Recovery Act”, on Monday, September 5, 2022. The new law establishes yet another committee, the Fast Food Sector Council [I hate most fast food but I’d love a seat at the burger table] to regulate California’s fast food restaurants

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The United States Supreme Court Ruling in Viking River Cruises, Inc. v. Moriana impacts California PAGA litigation

The United States Supreme Court Ruling in Viking River Cruises, Inc. v. Moriana impacts California PAGA litigation Introduction to PAGA The Labor Code Private Attorneys General Act (“PAGA”) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations.  PAGA afforded employees in California the right to file …

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Estrada v Royalty Carpet Mills Creates Split of Authority in California Court of Appeal over PAGA Manageability Requirement

Estrada v Royalty Carpet Mills Creates Split of Authority in California Court of Appeal over PAGA Manageability Requirement Motions to strike PAGA claims have been many defense law firms’ favorite “flavor of the year” lately. From holding up a settlement or causing delays in a PAGA trial or worse, forcing your expert witness to testify multiple times to run up …

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California Supreme Court Requires Break Premiums be Paid at the Regular Rate

California Requires Break Premiums be Paid at an Employee’s Regular Rate

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Notice of increase In Local Minimum Wages throughout California

California employees are receiving a raise in numerous counties and cities throughout California. Their employers need to review their payment policies to ensure compliance with the various local minimum wage increases taking effect across California on July 1, 2021.  Here are 5 items employers must consider prior to the July 1, 2020 deadline: 1. Ensure the company understands where they …

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Mendoza, Harrison, et al. v. Bank of America, obtains preliminary approval of $11.5 Million wage suit

As reported by Law360 (April 23, 2021, 5:17 PM EDT) — with the help of Quintilone & Associates and teams of other lawyers, Bank of America has agreed to pay $11.5 million to over 25,000 tellers, personal bankers, and operations managers to resolve three proposed class actions alleging state and federal labor law violations stemming from unpaid business expenses, wages …

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Airline Workers in California Must Receive Wage Statements that Comply with California Labor Code § 226

The California Supreme Court’s recent opinions in Oman v. Delta Air Lines, Inc.  (2020) 9 Cal. 5th 762 and Ward v. United Airlines, Inc. (2020) 9 Cal. 5th 732, clarify when, and under what circumstances employees who even occasionally work in California are entitled to the protection of certain California wage-and-hour laws. Both were decided on June 29, 2020. Ward holds that: 1. …

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Former USC Linebacker Lamar Dawson and NCAA Student Athlete Not an Employee Under the FLSA and CA Labor Code

In Dawson v. NCAA (9th Cir. 17-15973 decided 8/12/19) the Ninth Circuit Court of Appeal panel affirmed the district court’s dismissal of a Division I college football player Lamar Dawson‘s claim that he was an employee of the National Collegiate Athletic Association and the PAC-12 Conference within the meaning of the Fair Labor Standards Act and California labor law and …

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California’s Immigrant Worker Protection Act poses New Challenges

The California Attorney General and State Labor Commissioner issued two documents for California employers to address the California’s Immigrant Worker Protection Act (AB 450).  Attorney General Becerra issued an advisory providing an overview of and guidance on the privacy prescriptions under AB 450. DLSE Labor Commissioner Su also issued joint guidance on frequently asked questions to help employers and workers understand and comply with the new state …

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Court Grants Class Certification for Group of Employees seeking Mileage Reimbursement

In a lawsuit brought by Brian Rogers and Amy Casey on behalf of themselves and similarly situated employees known as Brian Rogers , Amy Casey v. THD At Home Services dba Home Depot, et al, Case No. 5:14-cv-02069-JGB-SP, pending before the Honorable Jesus G. Bernal in the United States District Court for the Central District of California (the “Action”) Richard E. Quintilone II Esq. of Quintilone & …

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